Orcon Terms and Conditions

Mobile Roaming Terms & Conditions

• (Terms used in these Orcon Roaming terms and conditions are defined in the Orcon Mobile Terms and Conditions on our website)
  • (a) You can use your Mobile Device in other countries. We call this “roaming”. For a list of the countries in which you can use roaming services, please contact our Help Desk or visit our Website. If you would like the ability to use your Mobile Device in any roaming country then you should contact our Help Desk. Your request for this will be subject to you meeting our credit criteria. A set up fee may apply. You must provide us with your credit card details and we may also ask you to pay a non-interest bearing deposit or impose a credit limit and roaming may be limited to a specific period of time. All charges incurred in relation to your Mobile Device or SIM card in any of these countries will be deducted from your nominated credit card (if your application is accepted by us) or will be charged to your account, at our option. Subject to the Orcon terms and conditions and your meeting our credit criteria, we will enable roaming within 48 hours of receiving your request. You acknowledge that service outside of New Zealand is provided by external carriers and is subject to those carriers' terms and conditions in addition to the Orcon terms and conditions.
  • (b) External carrier terms and conditions: The Terms and Conditions on which you may use overseas networks will depend on the country you are visiting. The Terms and Conditions of those other Network Operators will apply in addition to ours. Please see our Roaming Terms and Conditions displayed on our Website for more details.
  • (c) Charges: Unless otherwise advised, from time to time all outgoing calls are charged at airtime rates based on the charges from the external carrier. This airtime rate will vary from carrier to carrier. International rates will also apply where you make international calls (including calls to voicemail). Charges may change without prior notice and all prices are indicative only. If your pricing plan includes monthly minutes, these minutes do not apply to roaming charges. 0800 (1800) and other special numbers may be charged for by external carriers. TXT messages sent while roaming have a surcharge applied by the external carrier. The surcharge rate will vary from carrier to carrier. Incoming calls are charged at the international rate applicable at the time the call is made to you. Some external carriers may add an incoming call rate from the time you answer the call. You agree that all charges incurred while roaming will be charged to your monthly statement. You agree to pay all charges in full when they are due. (There may be delays in Orcon receiving notice from external carriers of charges to be billed to you. This does not affect Orcon' right to charge you or receive payment from you.).
  • (d) Promotions: Promotional offers may not apply to you while you are roaming. If you are in doubt please call the Orcon Help Desk before you leave New Zealand for specific promotion details.
  • (e) Liability: As roaming involves services provided by parties other than Orcon, you agree that we will not be responsible for the way in which any external carrier provides or fails to provide any service (including disconnection lack of coverage or the performance of that carrier's network).
  • (f) Acceptance: You will be taken to have accepted these terms and conditions as soon as you start using roaming.
  • (g) Data Roaming: If you wish to register for and use our data roaming service then the following provisions will apply in addition to, and without limiting, the other terms and conditions set out in this clause. Before travelling overseas you must have the a credit arrangement with us in place in order to receive roaming and/or data roaming services. You must have a data capable device connected for overseas data roaming. You agree to be charged for using data roaming at the rates set out by external carriers advertised by us, either on our website or via other means from time to time. While we frequently update the website, we accept no liability for fluctuating prices with overseas carriers. We recommend you check on pricing with overseas networks at the time of roaming. You acknowledge costs are measured on data volume. The speed at which a device receives data impacts volume and therefore price. Since overseas networks vary their data speeds ensuing charges will relate to the amount downloaded rather than time spent online.

Mobile Terms And Conditions

• 1. Interpretation

  • “Add-Ons” means monthly tariff bundles.
  • “Agents” means any contractors, providers, dealers or agents appointed by Orcon to perform any of Orcon’s obligations under this Agreement.
  • “Agreement” means these Terms and Conditions between us and you, the Orcon General Terms and Conditions and any other applicable Orcon terms and conditions.
  • “Bill” means either a paper statement of your Charges or an Online Bill.
  • “Charges” means all monthly access charges, services costs and usage call charges payable in accordance with the Orcon Mobile Plan and any additional charges payable by you. All prices unless otherwise stated, include GST (if any).
  • “Help Desk” means the Orcon Help Desk, which is contactable on 0800 13 14 15 or call 231 from your Mobile Device.
  • “Fair Use Policy” has the meaning set out in these Terms and Conditions and is published on our Website and updated from time to time.
  • “Mobile Device” means a mobile phone or other telecommunications device but not Equipment.
  • “Mobile Device Subsidy” means the subsidy provided for the purchase of a Mobile Device in accordance with certain Orcon Mobile Plans to eligible customers as set out on our Website and as amended by Orcon from time to time.
  • “Network Operator” is any entity with whom we have entered into an interconnection agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between us and that entity.
  • “Notification” means either (a) a paper statement sent to you of your Charges; or (b) a text message to you that your bill is payable by you; or (c) an email to you that your bill is payable by you.
  • “Online Bill” means an electronic statement of your Charges accessed by you through My Orcon on our Website.
  • “Payment” means crediting your Orcon account (or to the Orcon account of another Orcon Mobile Customer by any means made available by us from time to time).
  • “Orcon Mobile Plan(s)” are your chosen voice, airtime, data and access rates which form part of this Agreement. Pricing Plans are published on our Website.
  • “Re-direct” means a re-direction of all calls being made from a Mobile Device which may end access to all Services until the re-direction is lifted.
  • “Services” means the telecommunications services and related products and services that are made available to you by us or our agents from time to time.
  • “SIM Card” is the subscriber identity module needed to operate your Mobile Device and through which you are connected to our network, and includes any SIM Card issued to you by us.
  • “Telecommunications Service Provider” means a provider of telecommunications services to the public in New Zealand.
  • “Users” means identifiable individuals who use the Services.
  • “Website” means our website at http://www.orcon.net.nz
  • “we” or “us” means Orcon Internet Limited and “our” has a corresponding meaning.
  • “you” means the Orcon account holder under this Agreement and “your” has a corresponding meaning.

• 2. This Agreement

  • (a) If you have an Orcon Mobile connection then you will need to read these terms and conditions which govern our relationship with you for the provision of the Orcon Mobile Services. You will also be bound by the Orcon General Terms and Conditions and any other specific terms and conditions in relation to the Orcon Services you use.
  • (b) This Agreement begins when we set up your connection to our Services to be available for your use until it is terminated in accordance with the General Terms and Conditions or these terms and conditions.

• 3. Coverage and Services

  • (a) While we will do our best to provide quality Services, because of the nature of mobile telecommunications, it is impossible to provide a fault-free service and the quality and coverage of the Services depends partly on your Mobile Device, partly on our network and partly on other providers and telecommunications networks to which our network is connected or connects, therefore coverage and services are not guaranteed to be fault free or continuous. Coverage and Services can be adversely affected by radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages on other networks and provider sites, the configuration or limitations of your, or your intended recipient’s, Mobile Device or other operational or technical difficulties which means that you may not receive some or all of the Services in certain areas or at certain times.
  • (b) Coverage and Services can also change with network expansion or reconfiguration.
  • (c) Voice messaging is part of the Services we provide. You are responsible for changing the PIN from the preset number and setting your own PIN access for the voicemail service and keeping that information confidential. You are responsible for all access into and out of the voicemail service and for any Charges incurred as a result, whether or not you reset the PIN access. In the interests of others, we must limit the number and duration of messages that can be left on your voicemail service. You are also responsible for setting your own password(s) for access to any email services made available to you through the Services and for keeping that information confidential.
  • (d) You acknowledge that we do not support Voice over Internet Protocol (“VoIP”) and that we can provide no assurance that currently available access levels may be maintained.
  • (e) The Services may be changed, modified, advanced, suspended or removed by us. We will try to notify you before doing this or introducing substitute or new Services. If any of our new Services require new or upgraded mobile devices or equipment, you will be responsible for obtaining that new or upgraded Mobile Device.
  • (f) You agree to follow our instructions about the use of the Services and ensure that everyone who uses your Mobile Device also meets your responsibilities when using your Mobile Device. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the Services. You are responsible if anyone else, whether authorised by you or not, uses or misuses your Mobile Device or our Services.
  • (g) You agree not to use your Mobile Device or the Services for any abusive, illegal or fraudulent purpose.
  • (h) We can require you to stop using any SIM card or Mobile Device immediately if we believe that it could cause any interference, you have used it to spam other users or are sending an excessive number of calls, texts or other messages, or if it is not approved by us for use on our network or in connection with any of our services. You must not use any Mobile Device which masks or in any way alters the true origination or termination of any call or other transmission.
  • (i) Using or agreeing to use the Services does not give you any rights, in any part of the Services. You must not resell, in any way whatsoever, the whole or any part of the Services.
  • (j) You agree that if you do not use your Mobile Device in accordance with these conditions we may restrict or suspend your use of the Services.
  • (k) If your Mobile Device is stolen or you lose it, you must contact us immediately so that we can prevent further calls being made from it. You will be responsible for all calls made or Services accessed from your Mobile Device up to the time you advise us of its loss or theft.
  • (l) The integrity or quality of the data or information you send or receive via the Services (including PXT or data files) may be affected or compromised due to the configuration of our network, the use of the internet, or other device.
  • (m) When you are connected to the Services, your connection may have been programmed so that you are restricted from using overseas networks and from making international calls or 0900 calls. If you would like to have the restriction removed, you should contact our Help Desk. We may agree to remove the restriction after making credit status checks and we may ask you to pay a non-interest bearing deposit, impose a mandatory credit limit or ask for authority to debit payments from your credit card as security against any moneys you may owe us in the future. The Terms and Conditions on which you may use overseas networks are set out in the Clause 5 – Roaming, below and are repeated in Orcon’s Roaming Terms and Conditions on our Website.

• 4. Fair Use Policy

  • All Mobile Services are subject to our Fair Use Policy. We may apply our Fair Use Policy where in our reasonable opinion your usage of our Services is excessive and/or unreasonable as detailed in this paragraph. We have developed our Fair Use Policy by reference to average customer profiles and estimated customer usage of our Services. If your usage of our Services materially exceeds estimated use patterns over any month, then your usage will be excessive and/or unreasonable. If your usage is excessive and/or unreasonable we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of then Services or withdraw your access to the Services.

 

• 5. Roaming

  • (a) You can use your Mobile Device in other countries. We call this “roaming”. For a list of the countries in which you can use roaming services, please contact our Help Desk or visit our Website. If you would like the ability to use your Mobile Device in any roaming country then you should contact our Help Desk. Your request for this will be subject to you meeting our credit criteria. A set up fee may apply. You must provide us with your credit card details and we may also ask you to pay a non-interest bearing deposit or impose a credit limit and roaming may be limited to a specific period of time. All charges incurred in relation to your Mobile Device or SIM card in any of these countries will be deducted from your nominated credit card (if your application is accepted by us) or will be charged to your account, at our option. Subject to the Orcon terms and conditions and your meeting our credit criteria, we will enable roaming within 48 hours of receiving your request. You acknowledge that service outside of New Zealand is provided by external carriers and is subject to those carriers' terms and conditions in addition to the Orcon terms and conditions.
  • (b) External carrier terms and conditions: The Terms and Conditions on which you may use overseas networks will depend on the country you are visiting. The Terms and Conditions of those other Network Operators will apply in addition to ours. Please see our Roaming Terms and Conditions displayed on our Website for more details.
  • (c) Charges: Unless otherwise advised, from time to time all outgoing calls are charged at airtime rates based on the charges from the external carrier. This airtime rate will vary from carrier to carrier. International rates will also apply where you make international calls (including calls to voiceMail). Charges may change without prior notice and all prices are indicative only. If your pricing plan includes monthly minutes, these minutes do not apply to roaming charges. 0800 (1800) and other special numbers may be charged for by external carriers. TXT messages sent while roaming have a surcharge applied by the external carrier. The surcharge rate will vary from carrier to carrier. Incoming calls are charged at the international rate applicable at the time the call is made to you. Some external carriers may add an incoming call rate from the time you answer the call. You agree that all charges incurred while roaming will be charged to your monthly statement. You agree to pay all charges in full when they are due. (There may be delays in Orcon receiving notice from external carriers of charges to be billed to you. This does not affect Orcon' right to charge you or receive payment from you.).
  • (d) Promotions: Promotional offers may not apply to you while you are roaming. If you are in doubt please call the Orcon Help Desk before you leave New Zealand for specific promotion details.
  • (e) Liability: As roaming involves services provided by parties other than Orcon, you agree that we will not be responsible for the way in which any external carrier provides or fails to provide any service (including disconnection lack of coverage or the performance of that carrier's network).
  • (f) Acceptance: You will be taken to have accepted these terms and conditions as soon as you start using roaming.
  • (g) Data Roaming: If you wish to register for and use our data roaming service then the following provisions will apply in addition to, and without limiting, the other terms and conditions set out in this clause. Before travelling overseas you must have the a credit arrangement with us in place in order to receive roaming and/or data roaming services. You must have a data capable device connected for overseas data roaming. You agree to be charged for using data roaming at the rates set out by external carriers advertised by us, either on our website or via other means from time to time. While we frequently update the website, we accept no liability for fluctuating prices with overseas carriers. We recommend you check on pricing with overseas networks at the time of roaming. You acknowledge costs are measured on data volume. The speed at which a device receives data impacts volume and therefore price. Since overseas networks vary their data speeds ensuing charges will relate to the amount downloaded rather than time spent online.
  • (h) Further terms: For the avoidance of doubt, Orcon may include any further terms and conditions in addition to those stated above in any contract that Orcon has with a Orcon End Customer for the provision of Orcon Mobile Services.

• 6. Security

  • (a) You must keep your Mobile Device and SIM card secure at all times. We recommend that you use PIN and other access code features provided with your Mobile Device, the SIM card, or the Services, to ensure that only you are able to access and use the Services, and no one else. You must keep all such PIN codes confidential at all times.
  • (b) If your Mobile Device or SIM card becomes lost or stolen, or is otherwise not in your possession you must contact our Help Desk immediately so that we can prevent further calls being made from it. This is important as you will be liable for all charges for calls made, messages or other content sent, or Services accessed using that SIM card or your voicemail up to the time you advise us of its loss or theft. We are not liable for any loss to you, as a result of the loss of, theft of, damage to, or unauthorised use of, your Mobile Device or SIM card.
  • (c) Some Services are available via the internet or other systems operated by third parties and, although we will endeavour to maintain the security of information, we cannot guarantee that information you receive or supply when using the Services will be secure at all times. You acknowledge that we are unable to exercise control over, and make no representations or warranties concerning, the security or content of data or information passing over our network, any systems operated by third parties, and the internet.
  • (d) If the PIN request function is activated on your Mobile Device and the PIN is entered incorrectly three times in a row, the SIM card will automatically block. To unblock the SIM card you will need the PUK code which was provided to you when you received your SIM card. You can obtain this code by calling our Help Desk. You will be required to answer security questions before the PUK code can be released to you. If you continue to block your Mobile Device by incorrectly entering the PIN or by entering an incorrect PUK code you may destroy the SIM card and lose names and numbers stored on the SIM card. You will then be required to purchase a new SIM card which comes with a new PUK code.
  • (e) We will not be responsible for any harm you suffer from a virus or other manipulating program which infiltrates your Mobile Device, whether it was transmitted via the Services or otherwise. In accordance with paragraph 6(a) you remain responsible for all Charges applied to your account for the use of any Services activated by such a virus or program.

• 7. Charges

  • (a) Each call is charged at the rate which is applicable when the call is commenced. There may be additional charges for data and other services. We will not be liable for any loss you suffer as a result of your assumption that a particular number is on a particular network (e.g. that an 021 number is held by a Vodafone customer).
  • (b) You are responsible for all Charges and for calls made using the SIM card(s) issued to you until we deactivate the SIM card(s). Removing your SIM card from your Mobile Device will not deactivate the SIM card. Please contact the Help Desk immediately if you lose or damage your SIM card or if it is stolen so that it can be restricted or deactivated. We may charge you a replacement fee unless we are at fault.
  • (c) If you require us to provide you with technical support, or administration services (including, as applicable, service suspension, call barring, call redirection), we may charge you for the costs we incur in carrying out these services. If you require prior notification of our current Charges please call our Help Desk.

• 8. Plans

  • (a) You may choose to change from one Orcon Mobile Plan to another. If you change your Plan it is up to you to check what, if any, special Terms and Conditions there may be for the different Plans or if there is any fee for changing your Plan. You may contact our Help Desk or visit our Website to obtain information about Mobile Plans.
  • (b) If you downgrade your Orcon Mobile Plan within three months of signing up to such Plan you must immediately reimburse Orcon for any Mobile Device Subsidy you received under that Plan.
  • (c) The included minute entitlement and any other entitlement in any Plan (including entitlements available under Add-Ons) as applicable:
    
    • (i) may not be carried over from month to month;
    • (ii) applies only to your applicable domestic airtime call rate and excludes (except where an Add-On specifies otherwise) tariffs applicable to such items as voicemail services, international calls, video calling, the non-cellular portion of 0900 calls, special numbers, 0800 or 0508 calls, and operator/directory assisted service;
    • (iii) cannot be redeemed for cash, phone equipment, early disconnection charges or other Charges and cannot be transferred or assigned;
    • (iv) expires on termination and any unused included minutes will be forfeited on disconnection;
    • (v) cannot be used if your Mobile Device is subject to Bar or re-direction or if you have exceeded your credit limit; and
    • (vi) is subject to any other conditions contained in a particular Pricing Plan.
  • (d) The included dollars entitlement in any Plan may not be carried over from month to month.
  • (e) There is a minimum one minute charge for each voice mobile call. After that your call gets charged by the second. If you call an 0900 or special number you will be charged the rate as published by the service provider of that number, plus your normal airtime rate.
  • (f) The charges for data and other additional services shall be as set by Orcon from time to time. You can contact the Help Desk or visit our Website for current details of such charges.
  • (g) You may purchase only one Add-On from within each Add-On category per month.
  • (h) If you are a new customer the Add-Ons you purchase will be pro-rated from the date of the purchase until the bill cycle date and thereafter align with your bill cycle.
  • (i) Once purchased, an Add-On will recur and be charged every month unless you notify us that you want it removed.
  • (j) If you notify us that you want an Add-On removed, the removal will be effected on the next bill cycle date.
  • (k) If you transfer from one Plan to another, your active Add-Ons will remain in place.
  • (l) If you are an existing customer and you add an Add-On service, this will become effective as of the next billing cycle.
  • (m) If you are connected to the Orcon Purple Mobile Plan and your account remains inactive for a continuous period of three months or longer, Orcon reserves the right to disconnect your connection and end this Agreement without telling you.

• 9. Paying back your Mobile Device Subsidy

  • If, within three months of the commencement of your Orcon Mobile Plan, you terminate this Agreement or give us notice of your intention to terminate this Agreement or you downgrade your Orcon Mobile Plan, you will be liable to reimburse Orcon for the whole amount of any Mobile Device Subsidy received by you.A maximum of four Mobile Devices per Orcon Account will be allowed.

• 10. SIM Card

  • Any SIM Card we issue to you remains our property. You must return it to us in good condition when your connection ends. We may charge you a fee if you fail to return the SIM card within 30 days after disconnection.

• 11. Provision of Mobile Devices, Hardware and Additional Services

  • (a) If you have acquired a Mobile Device, Equipment or other mobile phone accessories from us or from one of our Agents, all claims in relation to those products are covered by the warranty, if any, offered by the relevant manufacturer.
  • (b) If you have acquired a Mobile Device from a source other than us or from a source not authorized by us as set out on our Website from time to time, for example from overseas or secondhand, and such Mobile Device does not support all of the Services offered by us, we are not under any obligation to take any action so that you can access any such services. Features, and access to content and Services, may vary between different Mobile Devices. We are in no way responsible if your Mobile Device is damaged as a result of unauthorised use on our Network, or if it does not work on our Network.
  • (c) We do not make any warranty as to the accuracy, completeness or currency of any content or material which you may access or have provided to you, using our Services. Where Services are provided by a third party we accept no responsibility or liability for their quality or the nature of their content.
  • (d) Content or material, which you may access or have provided to you, using our Services, is for your personal and non-commercial use only. You may not forward copy, reproduce, re-sell or distribute such content or material to any third party or interfere with it in any way. You acknowledge that this obligation is expressly for the benefit of our Agents.
  • (e) You agree that you are responsible for ensuring that you have the right to send all data and information that you send when using the Services. You acknowledge that we may alter any data or information that you send when using the Services in order to enable delivery of that data or information to the recipient.

• 12. Restricted Use, Suspension, Termination etc

  • We can suspend, bar, re-direct or restrict your usage of any or all of the Services or disconnect your connection and end this Agreement without telling you if:
    
    • * Your usage of the Mobile Services is unusual or excessive;
    • * You have an Orcon Purple Mobile Plan and your Mobile account remains inactive for a period of three months or longer;
    • * You continue to use the Mobile Services in breach of our Fair Use Policy after we have contacted you to discuss your excessive usage;
    • * You tamper with or modify any SIM card other than in accordance with instructions given to you by us;
    • * We suspect you of using the Mobile Services for any illegal or fraudulent activity; or
    • * All of the Mobile Services are permanently or temporarily (for any reason) unavailable to you,
  • And all charges for any Mobile Services will be payable by you in accordance with this Agreement.

• 13. Agents

  • (a) We shall be entitled to subcontract or delegate the performance of any of our rights or obligations under this Agreement but any such subcontracting or delegation will not relieve us from liability for performance of any such obligation. Without limiting this, we may appoint an agent to provide billing services (including credit checking and control) and Customer Services.
  • (b) Invoices issued by our Agent will be binding on you and payment of those invoices in full to our Agent will be a valid discharge of your liability to pay those invoices under this Agreement.
  • (c) Any Mobile Device supplied to you by our Agent has been supplied by our Agent acting in its own right and not as Agent of Vodafone. Vodafone accepts no responsibility for any matters relating to the Mobile Device supplied by our Agent;
  • (d) Our Agents can enforce those obligations expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

General Terms and Conditions

• 1. These terms and conditions

  • 1.1. These General Terms and Conditions apply to your use of any Orcon services. Additional terms and conditions will apply to your use of specific Orcon services and these can be found at http://www.orcon.net.nz/terms_and_conditions/. You will also be bound by the terms of each Orcon service plan chosen by you.
  • 1.2. If there is any conflict or inconsistency between these General Terms and Conditions and the terms and conditions applying to specific Orcon services then, unless otherwise expressly stated, the terms and conditions applying to the specific service will prevail.
  • 1.3. In these terms and conditions “Orcon”, “we” or “us” refers to Orcon Internet Limited, “you” refers to Orcon customers and “services’ refers to all the goods and services that Orcon provides.

• 2. Changes to terms and conditions

  • 2.1. Orcon may need to change its terms and conditions but we will always give you at least one month’s notice before making such changes by sending you an email to your preferred contact email address telling you about the changes and explaining their general nature.

• 3. Charges

  • 3.1. You agree that you will pay Orcon for all the services it provides to you (regardless of who uses such services). Details of our current rates and charges are available at http://www.orcon.net.nz or you can call 0800 13 14 15.
  • 3.2. We may make changes to our plans from time to time. If we increase any fees or charges for any Orcon service (including the introduction of charges for services previously free of charge) we will wherever possible give you at least one month’s notice and in any event will give you a minimum of 10 working days’ notice by sending you an email to your preferred contact email address telling you about the new charges and any other changes to your plan.
  • 3.3. You must pay any Orcon charges by the due date shown on your invoice. Your invoice will be sent to you by email to your preferred contact email address. Methods of payment will be set out in your invoice.
  • 3.4. If your payment is overdue, Orcon may suspend or restrict provision of services to you and we may charge you a late payment fee. You will pay for any costs we incur in attempting to recover any overdue amounts from you. Please let us know before the due date if you think that there is a mistake on your invoice. While you are waiting for us to confirm whether or not any error has occurred, you do not have to pay the disputed part of the bill. You must pay any amount that is not disputed by the due date for payment.
  • 3.5. You cannot claim a refund for any unused hours or data within the relevant billing period and you cannot accumulate this unused amount for the following billing period.

• 4. Credit References

  • 4.1. We may require you to provide credit references and other credit information and you authorise us to check your credit status with any credit reference agency. If you are unhappy with the result of any credit reference check you must take this up directly with the credit reference agency.
  • 4.2. We may decline your application or terminate your connection if we are not satisfied with your credit status.
  • 4.3. You may have to pay us a deposit before you can use, or continue to use, our services. We will notify you when this is required.

 

• 5. Consumer Guarantees Act

  • 5.1. If you are a residential customer, any rights you may have under the Consumer Guarantees Act 1993 are not limited in any way by these terms and conditions. However, if you receive the Orcon services for a business purpose (or you have told us that you do) then the Act will not apply.

• 6. Liability

  • 6.1. Orcon will not be liable to you if it is prevented from providing the services by reason of any act of God, act of state, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control. If such an event occurs, Orcon will endeavour to advise you of the existence of the event and the effect of such event on the provision of the services.
  • 6.2. Other than any rights you may have under the Consumer Guarantees Act, Orcon excludes all liability we may have to you, to the extent the law allows us to do so. This exclusion applies to any claim you may have for any damages whatsoever and applies for the benefit of the following people:
    
    • Orcon and any of its related companies;
    • Orcon employees, contractors, officers and agents
    • Any network operator or other person whose services we use to provide services to you (or any of their employees, contractors, officers and agents).
  • 6.3. If, despite the exclusion set out above, Orcon is held to be liable to you, then our liability is limited to a maximum of $5000 for any event (or series of related events) and to a maximum of $10,000 in any 12 month period.
  • 6.4. Except as specifically outlined herein, we make no warranties in relation to our service or the service of any other service provider and we will have no liability if your use of the service or any other provider's service infringes any third party's intellectual property rights.

• 7. Your Responsibilities

  • 7.1. You will:
    • ensure that all the information you give us is correct
    • notify us immediately of any change of your address, phone number or preferred contact email address
    • protect your computer against any virus, unauthorized access and spam
    • not transmit or store any information on the Orcon network that contains viruses, Trojan horses, worms, time bombs or cancel bots
    • use Orcon services for lawful purposes only and to follow any instructions we give you
    • not use our services to obtain unauthorized access to any person’s computer or communications equipment
    • not use our services in any way which may be offensive or a nuisance to someone else
    • not forge email or create or use a false identity for the purpose of misleading others as to the identity of the sender or origin of any message
    • keep your Orcon passwords secure and confidential and notify us immediately if you believe that someone else has discovered your password or is using your Orcon services fraudulently. Orcon will not be liable for any unauthorized use of your password and may charge a fee if you request an investigation of the use of your account
  • 7.2. Using our services in ways that we deem inappropriate, abusive, illegal, or similar is strictly prohibited. If you use the services in such a way then we may suspend or terminate your service without notice. If we incur costs as a result of your misuse of our services, we may pass these costs on to you at our discretion, and legal action may be taken against you.
  • 7.3. If we consider it is necessary for the purpose of us providing you any service, you will allow us or our agents to come onto your property to work on our network or anything connected to it. People we send will carry proof of identity and we will always try to contact you before we do this. If, for any reason, we are unable to gain access to your property we may not be able to provide you with the relevant services.

• 8. Privacy

  • 8.1. During the provision of services to you, you agree that Orcon may collect information about you. This may be obtained from you or may be generated from your use of the Orcon services. You may decide not to provide us with certain personal information but this may mean that we cannot provide the services to you. Orcon will deal with all your information in accordance with the Privacy Act 1993.
  • 8.2. We may monitor or record calls to customer services for training purposes, to improve service quality and to aid in dispute resolution.
  • 8.3. You can at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
  • 8.4. You agree that we can collect information about you (such as your home address, phone number and evidence that you will be able to pay for our services) and the ways that you use our services. We will collect this information from our communications with you and through your use of the services. You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations, including, but not limited to:
    
    • complete credit checking
    • providing services to you
    • administering your account
    • recovering overdue accounts
    • keeping you informed about our services (unless you have advised us that you do not want to receive this information). You agree that we may send you marketing messages, electronic or otherwise, about our special offers, products and services which may be of interest to you. You agree too that the electronic marketing message we send you need not include an unsubscribe facility
    • looking at ways in which we can improve our services
    • sending you bills
    • resolving any disputes
    • training our staff
  • 8.5. If you contact us through the preferred contact email address you register with us when you create your account, we will take this to mean you are the account holder and have authority on the account. Please keep access to your preferred email account secure.

• 9. Ending the Agreement

  • 9.1. Except where you have agreed to use our services for a set period, you may terminate the agreement by calling the Help Desk on 0800 13 14 15 and the agreement will end and charges will stop one month after we receive your notice unless agreed otherwise. If your services are provided under a term contract, you may have to pay an early disconnection fee.
  • 9.2. We may terminate our agreement with you immediately if we believe you have not met your obligations under these General Terms or the terms and conditions relating to the relevant specific Orcon service. We may end our agreement with you for any other reason by giving you at least one month’s notice.
  • 9.3. Upon termination all payments due by you to us will be immediately due and payable, and you agree to pay Orcon all such amounts immediately upon demand.
  • 9.4. No refund is given on monthly fees paid in advance, where you terminate a service part way through the period for which you have paid.

• 10. Complaints

  • 10.1. If you have a complaint concerning any aspect of your use of Orcon services you should email usby using the Online Feedback form which can be found at http://www.orcon.net.nz/support/content/disputes_resolution
  • 10.2. We will handle your complaint with care and in a fair and efficient manner in accordance with our complaints resolution procedure which can be viewed on our website at http://www.orcon.net.nz/support/content/disputes_resolution

• 11. Intellectual Property

  • 11.1. Except as expressly set out in these General Terms and Conditions or in any terms and conditions relating to specific services, you do not acquire any rights or interests in Orcon’s intellectual property (which includes, without limitation, patents, trade marks and copyright). All Orcon’s intellectual property (including modifications or additions to any current Orcon intellectual property which are created, made or discovered in the course of Orcon providing the services to you) is and will remain the absolute property of Orcon.
  • 11.2. If we provide software, documentation, manuals or other materials (whether as hard or soft copies) to enable you to receive and use a service, we grant you a non-exclusive, non-transferable licence to use such software, documentation, manuals or materials for your own use. Any licence we grant under this clause will terminate when the relevant service is terminated.
  • 11.3. If a service provides you with content or software licensed by third parties who require you to accept their terms of use, you must comply with those terms.
  • 11.4. Except as permitted by law or as expressly permitted under these General Terms and Conditions or in any terms and conditions relating to specific services you must not, without prior written consent, copy, de-compile or modify intellectual property of Orcon or any third party or permit anyone else to do so.
  •  

• 12. Not an anonymous service

  • 12.1 All email messages sent from the Orcon email service include the original X-Sender, IP address, date, time and originating details. Orcon does not and will not provide any form of anonymous service to any customer.

• 13. Miscellaneous

  • 13.1. You may not assign any of your rights or obligations under the General Terms and Conditions or in any terms and conditions relating to specific services. We may assign our rights to a third party at any time, without your consent and without providing you with advance notice of such assignment.
  • 13.2. Any Orcon address or intellectual property remains the property of Orcon at all times. When you use an Orcon service, you may create a login name, email address and/or website . These addresses and all pertinent details will remain the property of Orcon. While it is unlikely that we may need to delete these addresses or modify them in some way, there are certain services that are reserved for Orcon use. Eg. mail.Orcon.net.nz is reserved for use by Orcon only. If at any future date Orcon deems necessary to use your username, email address, web page address for any other reason, we will notify you via your Orcon email address with one month’s notice before we withdraw the relevant service. For example if you registered the domain name emailgateway.Orcon.net.nz and at a future date we needed to use this address, we would give you one months notice before withdrawing that service.
  • 13.3. Any contract we have with you to provide services is governed by and construed in accordance with New Zealand law and you accept the exclusive jurisdiction of the New Zealand Courts.
  • 13.4. If a Court of competent jurisdiction rules that any part of these General Terms and Conditions is unenforceable for any reason then such ruling will not affect the remaining provisions which will remain in full force and effect at all times.
  • 13.5. These General Terms and Conditions together with any terms and conditions relating to specific services (including pricing and service descriptions set out on the Orcon website) constitute the entire terms and conditions applicable to the agreement between you and Orcon.

Orcon Website Terms and Conditions

• These terms and conditions govern your use of the Orcon website and apply in relation to any order you make online for any Orcon products and/or services.

  It is very important that you read these terms and conditions because by viewing the pages of this website and using the tools offered by it, you acknowledge that you have read and accepted these terms and conditions. 

  When purchasing products or services through our website you will be asked to agree to additional terms and conditions relevant to the product or service you purchase. To the extent there is any inconsistency between such additional terms and conditions and these terms and conditions, the additional terms and conditions will prevail.

  Orcon endeavours to always provide you with the correct information however mistakes do happen and Orcon accepts no liability for any direct and indirect loss or damage which you may suffer as a result of your use of the Orcon website.

  Whenever you order a product or service from Orcon online you are making an offer to Orcon to purchase such products or services. Orcon may accept or decline such offer in its sole discretion in accordance with the Orcon General Terms and Conditions.

  When using this website you must comply with all relevant laws and regulations and you must not use this website or its contents in any unlawful way.

  Orcon either owns or has the right to use all the copyright and other intellectual property rights in this website.  We welcome your use of the website for non-commercial purposes however you must not copy, reproduce or use our intellectual property without our prior written consent.

  Any websites which are linked to the Orcon website are not under Orcon’s control.  These links are provided for your convenience only and Orcon is not responsible for their content nor does Orcon necessarily endorse the products or services referred to.  You must also get Orcon’s permission if you wish to link to this site.

Broadband Terms and Conditions

• 1. Availability of Services

  • 1.1 Only one Broadband account can be used on any one phone line. Services are not available in all areas or on all line types.
  • 1.2 In some instances you may be placed on a waiting list for Broadband, for example if there is limited capacity at your exchange. We will endeavour to contact you as soon as space becomes available.

• 2. Speed and Quality of Service

  • 2.1 Your plan speed refers to the maximum possible connection speed. The maximum downstream connection speed will be as fast as your line allows. The stated upstream connection speeds for your plan are the maximum possible speeds only and the actual speed depends on a number of factors and we cannot guarantee that you will achieve your maximum connection speed. See our website for further details including the factors that affect your connection speed.
  • 2.2 Orcon Broadband is not guaranteed to be fault free or continuous.
  • 2.3 Orcon prioritises certain types of traffic such as web and email. Other types of traffic such as peer to peer (P2P) are deprioritised.

• 3. Phone Support

  • 3.1 If you are having problems with your Orcon Broadband connection, or if you are experiencing problems of a more general nature, you can call our Help Desk on 0800 13 14 15 for support. The Help Desk hours are advertised on our website. We will do everything we can to help you. However, in some circumstances, the Help Desk may not be able to provide support in relation to your particular operating system.
  • 3.2 Orcon does not have any obligation to provide support to you where:
    • The fault is with your computer, communications equipment, your wireless LAN network, your software (except for software provided by us) your phone line (unless provided by us) or any other
    • part of the Internet not forming part of our network.
    • you use the service incorrectly
    • an event occurs which is beyond our reasonable control.

• 4. Changing your Address or Phone Line

  • 4.1 If you change your address or phone line, you may be able to take your services with you. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption. A new term contract may apply.
  • 4.2 Should your phone line become permanently disconnected for any reason, we will no longer be able to provide Broadband to you and your disconnection will be taken to be a termination of your agreement with Orcon for the provision of Orcon Broadband. Should you wish to enter into a new agreement for Broadband an installation charge and term contract may apply.

• 5. Billing

  • 5.1 Charges for Broadband usage will include:
    
    • Any applicable one-off installation and/or modem charges
    • your Orcon Broadband monthly fee (which will be charged in advance)
    • any cancellation fee (which will be charged in arrears)
    • any excess usage charges (which are billed one month in arrears)
  • 5.2 The Broadband service is an "always on" connection and whether you use the service or not, you will still be charged the full monthly fee. You cannot claim a refund for any unused portion of your data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period. 5.3 Payment for Orcon Broadband is by direct debit or credit card only.

• 6. Cancellation of Services and Usage

  • 6.1 When you agree to take Broadband you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.
  • 6.2 In the event that we cancel your Broadband, a reconnection fee may apply if you wish to reinstate your services.
  • 6.3 If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance in accordance with the overage model and you agree that you are bound by the terms and conditions of this model which are set out on the Orcon website from time to time.
  • 6.4 If you are on an Orcon Broadband flat rate plan you agree that you are bound by the terms of the relevant plan as they are set out on the Orcon website from time to time.
  • 6.5 Some malicious software (eg viruses, adware, etc) can lead to unexpected use of bandwidth and this in turn can use up your monthly data allowance. You are responsible for all data usage that occurs under your account whether or not the usage is caused by malicious software. It is your responsibility to make sure you have sufficient security to meet your needs.

• 7. Orcon single port modem

  • 7.1 If in the unlikely event that you decide to leave the Orcon@Home network within twelve months, you will have to return the Orcon Single Port Modem at your own cost. If the modem is not returned within one month of your service being cancelled, you will be charged $99 to recover the cost of this device.

Orcon Homeline and Tolls Terms and Conditions

• 1. Installation and maintenance

  • 1.1 If required, we will arrange a time with you to install your Orcon Homeline and you will make sure that we can access your property at this time.
  • 1.2 All new connections will incur a charge and these will be disclosed to you prior to installation.

• 2. Equipment

  • 2.1 You will ensure that any equipment you connect to your Orcon Homeline has a Telepermit printed on it or has been authorized for use by Orcon. This helps make sure the equipment does not damage the network but does not mean that it will always remain compatible with the Orcon network. If equipment which you use in connection with your Orcon Homeline does not work properly, you will need to contact the equipment supplier or manufacturer, and not Orcon, about the problem.

• 3. Your telephone number

  • 3.1 Any telephone number we assign you will always remain Orcon’s property. We may change any number we have allocated and will give you reasonable notice of this. If you would like to change your telephone number please call Orcon on 0800 13 14 15.

• 4. Other suppliers

  • 4.1 You are responsible for your relationship with any other supplier providing telephone services to you. For example, if you have an Orcon Homeline but you have your internet services with another supplier, you must notify both us and the other supplier if you change your address.

• 5. Your responsibilities

  • 5.1 You agree that you will pay for repairing or replacing any part of the Orcon network which is lost, stolen or damaged by you or anyone for whom you are responsible.
  • 5.2 You will make sure that any additional wiring or equipment in your home, such as alarm systems, does not interfere with any part of the Orcon network.
  • 5.3 You agree to make sure that every person for whom you are responsible also meets the responsibilities set out in this clause.

• 6. 0900 calls and local calls

  • 6.1 0900 calls are blocked by default on your Orcon Homeline. However, in the event a 0900 call is made from your Orcon Homeline you agree to pay:
    • Call charges for 0900 calls made from your telephone through the Orcon network or charged to you, no matter who makes them
    • Any charitable donations promised during those calls
    • Any other amounts charged to you by the 0900 service providers.
    Your agreement to make these payments also applies for the benefit of the 0900 service providers and may be enforced by them.
  • 6.2 Local calling is free with your Orcon Homeline provided you do not dial the local access code when making a local call. If you dial the local access code you will be charged at the relevant Orcon Toll rate.

• 7. Directory listings

  • 7.1 We will provide your details for the White Pages or its equivalent and for directory assistance by default. You agree that in relation to directory assistance services our liability is limited to seeking to rectify any error as soon as practicable.
  • 7.2 If you do not want your details to be listed in the White Pages or directory assistance, or you require special types of listings please contact Orcon on 0800 13 14 15.

• 8. Wiring and maintenance

  • 8.1 Orcon's wiring and maintenance service is an optional service which covers the cost of fixing, during normal fault service hours, most faults in the telephone sockets and wiring inside your home which are covered by the service. This service covers:
    • Telephone sockets and wiring which meet and are installed to our specifications
    • Wiring inside your home, but not external wiring to another building on your premises
    • The service does not cover equipment attached to sockets such as extension cables or socket adapters
    • Moving, adding or changing sockets which are not faulty is not covered by this service.
    • If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a
    • replacement item you would like us to install instead we will install it providing it meets with our requirements
  • 8.2 Orcon's wiring and maintenance service does not cover you:
    • In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in Orcon’s terms and conditions
    • If the fault is caused by deliberate or malicious actions
    • If the fault is caused by other wiring or equipment in your home.

• 9. Faults

  • 9.1 If you experience a phone line fault please contact us on 0800 13 14 15 and we will make every effort to restore your service.
  • 9.2 If the fault was caused by you or people for whom you are responsible, you may be charged a fault diagnosis fee.
  • 9.3 Call diversion is available for faults that last longer than 24 hours.

• 10. Ancilliary Services

  • 10.1 Orcon supports call waiting, call minder and caller display services. Services which are provided by your current or previous telecommunications service provider may not be provided by Orcon and will not be automatically brought across from that provider. You will need to choose which of the available Orcon services you wish to receive.

• 11. Credit Restrictions

  • 11.1 In the event of non-payment we reserve the right to place a temporary disconnect on your phone line. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.
  • 11.2 In the event of continued non-payment we reserve the right to disconnect your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.
  • 11.3 If you have a medical condition or other special circumstance for which you require your telephone connection for, it is your responsibility to let us know so we do not disconnect your phone line.

• 12. Withholding, suspending or restricting services

  • 12.1 If you do not meet a responsibility you have to us, we may withhold, suspend or restrict any service at any time. We will do our best to contact you before doing this.

• 13. Tolls and TalkEasy

  • 13.1 A toll call is any call you make that is not a local call (e.g. national, international and calls to mobile phones). All Orcon toll calls are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.
  • 13.2 You are responsible for any charges incurred on your Orcon account for toll calls. This includes unintentional or unauthorised dialed numbers.
  • 13.3 Some malicious software or viruses can lead to toll calls being made automatically on your line. It is your responsibility to make sure you have sufficient security to meet your needs.
  • 13.4 You must be an Orcon Homeline customer to sign up for an Orcon Tolls plan.
  • 13.5 TalkEasy calling plans are available to residential customers only and Orcon reserves the right to immediately cancel your TalkEasy plan if Orcon believes you are using the product for a business or reselling the product.
  • 13.6 There is a one monthly billing cycle minimum term on all TalkEasy plans.
  • 13.7 When you agree to subscribe to TalkEasy you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.
  • 13.8 TalkEasy National is a plan which allows for an unlimited number of calls to New Zealand landlines. Calls on this plan are free for up to 1 hour. After an hour’s duration the standard per minute rates advertised on the Orcon website apply.
  • 13.9 TalkEasy World is a plan which allows for an unlimited number of calls to landlines in 30 selected destinations. These destinations can be found on the Orcon website.
    Calls are free for up to 1 hour, after the hour standard per minute rates advertised on the Orcon website apply.
  • 13.10 The TalkEasy Mobile allows for 100 minutes to be used for landline to New Zealand mobile calls and these must be used within one monthly billing period. Once the 100 minutes have been used, standard retail rates apply. Unused minutes cannot be carried over into the next billing period
  • 13.11 National Calling Zone is a plan which allows for an unlimited number of calls to New Zealand landlines. Calls on this plan are free for   up to 1 hour. After one hour’s duration the standard per minute rates advertised on the Orcon website apply.
  • 13.12 Orcon's International Calling Plans are for calls to direct dial landlines in the relevant country only and do not include "special services calls". Special Services Calls are to a service provider in the chosen country which are toll free in that country but which are charged at a specific rate per minute when called from New Zealand.  It is your responsibility to check whether a call is a special services call as you will be liable to pay the special services rate. Please check the full number you intend to dial in our "Calling Rates Lookup" here if you are unsure if the number is a regular or special services number.

Dial Up Terms and Conditions

• 1. These Terms and Conditions

  • 1.1. These terms and conditions apply to all customers of Orcon Residential Dial Up plans.

• 2. Orcon Support

  • 2.1 If you are having problems with connecting your Dial Up to Orcon or if you experience problems of a more general nature, you can call our Help Desk on 0800 13 14 15 for support. The Help Desk hours are advertised on our website. We will do everything we can to help you. However the Help Desk may not be able to provide support in relation to your particular operating system.
  • 2.2 Orcon does not have any obligation to provide support to you where:
    • The fault is with your computer, communications equipment, your wireless LAN network, your software (except for software provided by us), your phone line (unless provided by us) or any other part of the Internet not forming part of our network.
    • you use the service incorrectly
    • an event occurs which is beyond our reasonable control.

• 3. Account Use

  • 3.1 Any Dial Up account may be only used by one person at a time. Orcon reserves the right to allow only calls originating from pre-defined phone numbers. The penalty for having simultaneous logins is $225 (including GST) per simultaneous login per occurrence.

• 4. Phone Line Charges

  • 4.1 If you do not have Orcon Homeline, it is your responsibility to contact the telephone company you use for your residential landline calling to determine whether the use of a particular dial-in number may incur charges.

• 5. Flat Rate Dial Up Plans

  • 5.1 Flat Rate Dial Up plans are not intended for use as a permanent connection. For dedicated connections options for your home and/or business contact Orcon on 0800 13 14 15 for the plan that suits you best.
  • 5.2 The Flat Rate Dial Up plans are intended for attended and intermittent use only. Orcon will notify you if it believes you have exceeded reasonable use restrictions. If you continue to exceed such restrictions, Orcon reserves the right to move you to a plan more fitting with your use. Orcon will give you reasonable notice of its intention to do this and the terms of the relevant plan.

• 6. Billing

  • 6.1 Charges for Dial Up usage will include:
    • Any applicable one-off installation charges
    • your Dial Up monthly fee (which will be charged in advance)
    • any cancellation fee (which will be charged in arrears)
    • any excess usage charges (which are billed one month in arrears)
  • 6.2 You cannot claim a refund for any unused portion of your hours or data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period. No refund will be given for pre-paid dial up services cancelled part way through the pre-paid period.
  • 6.3 When you agree to subscribe to a Dial-Up plan you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.

• 7. Speed and quality of services

  • 7.1 Statements made by us about the speed of our service are best effort peaks and not guarantees. If you experience any problems with our service please let us know by contacting customer services on 0800 13 14 15. Orcon will endeavour to provide the best service level within these constraints, but cannot guarantee data speed, sustained connections or a fault free service.

Web Hosting Terms and Conditions

• 1. Unlimited Traffic

  • 1.1 You will not be charged for any data used on our hosting plans, however there is a reasonable-use traffic volume set on website plans. Below are target bandwidth/resource limits for each hosting plan. If you exceed these limits, then your website performance may be reduced and/or we may require you to move up to a more suitable plan. The following limits are designed to enable Orcon's web servers to operate at optimal efficiency: Plan Max traffic per site 50MB 1 Mbps 100MB 2.5 Mbps 500MB 5.0 Mbps 1000MB 10.0 Mbps If you exceed these usage limits you will be requested to update your hosted content to reduce usage or Orcon reserves the right to move you to a more suitable plan.

• 2. System Resources

  • 2.1 You acknowledge that the web site hosting and the data hosting services are provided on a multiple shared server environment and you agree not to engage in any activity that could overwhelm the server with heavy CPU, memory or network usage or that requires a disproportionate amount of the resources of the Orcon web servers, including without limitation, use of highly active CGI scripts or chat scripts. Orcon reserves the right to disable without notice any scripts or sites which have an adverse effect on other customers' sites.

• 3. Security

  • 3.1 It is your responsibility to ensure that any executable files or dynamic scripts uploaded to the Orcon web servers are configured in a secure manner. Orcon reserves the right to disable without notice any scripts or sites which may pose a security concern.

• 4. Web Alias and URL forwarding services

  • 4.1 Website Aliases and URL-forwarding is intended to allow a website or organization with multiple brand names, product brands or similar domain names (e.g. sitename.co.nz and sitename.net.nz) to coexist or be redirected to the appropriate website section. It is not permitted to associate multiple unrelated domains with a website and use scripting techniques to present the distinct content. The service is not permitted as a method of providing virtual hosting services.

• 5. Prohibited Use

  • 5.1. Orcon reserves the right to review your website, and any material comprising your website at any time. If, in Orcon’s sole opinion, use of your website in any way infringes or is likely to infringe the rights of any third party, these terms or violates any law, Orcon may immediately shut down or otherwise prevent access to your website and notify you accordingly. You agree that you hereby waive any rights or claim you may have against Orcon in respect of such action.
  • 5.2. By way of example, and not limitation, your website or any part of Orcon’s associated Service shall not be used to post, transmit, re-transmit or store material which, in the sole judgment of Orcon constitutes:
    • A violates of any law;
    • A use of threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity.
    • Deceptive or fraudulent practices.
    • Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents.
    • Any action that restricts or inhibits any person, whether an Orcon customer or otherwise, in its use or enjoyment of any Orcon service.
    • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these terms and conditions, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
    • The engagement of Orcon services to promote deceptive and or illegal marketing practices, products or services.
    • Interfering with, disrupting, or denying service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g. denial of service attacks).
    • Attempting to gain unauthorized entry to any site or network including, but not limited to, executing any form of network probing, monitoring or other information gathering on the Orcon or a third party site or network.
    • Attempting to circumvent host or user authentication or other security
    • measures of any host, network or account.
    • Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers.
    • The manipulation or bypass of Orcon's usage limits.
    • An attempt to gain access to a service or services not provided by Orcon, including, but is not limited to, console, command line or shell.
    • Uploading and or use of a file system manager of any description that provides the ability to access files outside of your allocated website space.

• 6. Content Protection

  • 6.1 You must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Service.

• 7. Content Ownership

  • 7.1 You are responsible for all content or information residing on, obtained or transmitted via the Service.

• 8. Content Deletion

  • 8.1 If the web hosting and/or the data hosting service is terminated for any reason, Orcon may permanently delete from its web servers any and all content or information related to your website. Orcon accepts no liability for any such deleted content or information.

• 9. Vulnerable Systems

  • 9.1 Orcon reserves the right, without prior notice, to perform vulnerability tests on systems residing on its IP address range, which may be allocated for Orcon customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. Orcon will employ all reasonable efforts to ensure that such testing will be non-intrusive in nature, and will not adversely affect Service provided you or compromise the security of your network. You are responsible for correcting any system vulnerability upon notification. You must terminate operations of a known compromised system.

• 10. Free Services and Advertising

  • 10.1 Where you receive free web hosting services from Orcon, Orcon may, without your consent, place advertising material on your website.

Broadband+ Terms and Conditions

• 1. Availability of services

  • 1.1 Only one Broadband account can be used on any one phone line. Services are not available in all areas or on all line types.
  • 1.2 In some instances you may be placed on a waiting list for Broadband, for example if there is limited capacity at your exchange. We will endeavour to contact you as soon as space becomes available.

• 2. Speed and quality of services

  • 2.1 Your plan speed refers to the maximum possible connection speed. The maximum downstream connection speed will be as fast as your line allows. The stated upstream connection speeds for your plan are the maximum possible speeds only and the actual speed depends on a number of factors and we cannot guarantee that you will achieve your maximum connection speed. See our website for further details including the factors that affect your connection speed.
  • 2.2 Orcon Broadband is not guaranteed to be fault free or continuous.
  • 2.3 Orcon prioritises certain types of traffic such as web and email. Other types of traffic such as peer to peer (P2P) are deprioritised.

• 3. Phone Support

  • 3.1 If you are having problems with your Orcon Broadband connection, or if you are experiencing problems of a more general nature, you can call our Help Desk on 0800 13 14 15 for support. The Help Desk hours are advertised on our website. We will do everything we can to help you. However, in some circumstances, the Help Desk may not be able to provide support in relation to your particular operating system.
  • 3.2 Orcon does not have any obligation to provide support to you where:
    • the fault is with your computer, communications equipment, your wireless LAN network, your software (except for software provided by us) your phone line (unless provided by us) or any other part of the Internet not forming part of our network.
    • you use the service incorrectly
    • an event occurs which is beyond our reasonable control.

• 4. Changing your address or phoneline

  • 4.1 If you change your address or phone line, you may be able to take your services with you. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption. A new term contract may apply.
  • 4.2 Should your phone line become permanently disconnected for any reason, we will no longer be able to provide Broadband to you and your disconnection will be taken to be a termination of your agreement with Orcon for the provision of Orcon Broadband. Should you wish to enter into a new agreement for Broadband an installation charge and term contract may apply.

• 5. Billing

  • 5.1 Charges for Broadband usage will include:
    •  
    • Any applicable one-off installation and/or modem charges
    • Your Orcon Broadband monthly fee (which will be charged in advance)
    • Any cancellation fee (which will be charged in arrears)
    • Any excess usage charges (which are billed one month in arrears)
  • 5.2 The Broadband service is an "always on" connection and whether you use the service or not, you will still be charged the full monthly fee. You cannot claim a refund for any unused portion of your data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period.
  • 5.3 Payment for Orcon Broadband is by direct debit or credit card only.

• 5. Cancellation of services and usage

  • 6.1 When you agree to take Broadband you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.
  • 6.2 In the event that we cancel your Broadband, a reconnection fee may apply if you wish to reinstate your services.
  • 6.3 If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance in accordance with the overage model and you agree that you are bound by the terms and conditions of this model which are set out on the Orcon website from time to time.
  • 6.4 If you are on an Orcon Broadband flat rate plan you agree that you are bound by the terms of the relevant plan as they are set out on the Orcon website from time to time.
  • 6.5 Some malicious software (eg viruses, adware, etc) can lead to unexpected use of bandwidth and this in turn can use up your monthly data allowance. You are responsible for all data usage that occurs under your account whether or not the usage is caused by malicious software. It is your responsibility to make sure you have sufficient security to meet your needs.

Homeline+ Terms and Conditions

• 1. Installation and Maintenance

  • 1.1 If required, we will arrange a time with you to install your Orcon Homeline and you will make sure that we can access your property at this time.
  • 1.2 All new connections will incur a charge and these will be disclosed to you prior to installation.

• 2. Equipment AND USE

  • 2.1 You will ensure that any equipment you connect to your Orcon Homeline has a Telepermit printed on it or has been authorized for use by Orcon. This helps make sure the equipment does not damage the network but does not mean that it will always remain compatible with the Orcon network. If equipment which you use in connection with your Orcon Homeline does not work properly, you will need to contact the equipment supplier or manufacturer, and not Orcon, about the problem.
  • 2.2 Analogue devices such as EFTPOS and facsimile machines will not work on the Orcon Homeline+ landline.

• 3. Your telephone number

  • 3.1 Any telephone number we assign you will always remain Orcon’s property. We may change any number we have allocated and will give you reasonable notice of this. If you would like to change your telephone number please call Orcon on 0800 13 14 15.

• 4. Other Suppliers

  • 4.1 You are responsible for your relationship with any other supplier providing telephone services to you. For example, if you have an Orcon Homeline but you have your internet services with another supplier, you must notify both us and the other supplier if you change your address.

• 5. Your Responsibilities

  • 5.1 You agree that you will pay for repairing or replacing any part of the Orcon network which is lost, stolen or damaged by you or anyone for whom you are responsible.
  • 5.2 You will make sure that any additional wiring or equipment in your home, such as alarm systems, does not interfere with any part of the Orcon network.
  • 5.3 You agree to make sure that every person for whom you are responsible also meets the responsibilities set out in this clause.

• 6. 0900 Calls and Local Calls

  • 6.1 0900 calls are blocked by default on your Orcon Homeline. However, in the event a 0900 call is made from your Orcon Homeline you agree to pay:
    • Call charges for 0900 calls made from your telephone through the Orcon network or charged to you, no matter who makes them
    • Any charitable donations promised during those calls
    • Any other amounts charged to you by the 0900 service providers.
    • Your agreement to make these payments also applies for the benefit of the 0900 service providers and may be enforced by them.
  • 6.2 Local calling is free with your Orcon Homeline provided you do not dial the local access code when making a local call. If you dial the local access code you will be charged at the relevant Orcon Toll rate.

• 7. Wiring and maintenance

  • 7.1 Orcon's wiring and maintenance service is an optional service which covers the cost of fixing, during normal fault service hours, most faults in the telephone sockets and wiring inside your home which are covered by the service. This service covers:
    • Telephone sockets and wiring which meet and are installed to our specifications
    • Wiring inside your home, but not external wiring to another building on your premises
    • The service does not cover equipment attached to sockets such as extension cables or socket adapters
    • Moving, adding or changing sockets which are not faulty is not covered by this service.
    • If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a replacement item you would like us to install instead we will install it providing it meets with our requirements
  • 7.2 Orcon's wiring and maintenance service does not cover you:
    • In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in Orcon’s terms and conditions
    • If the fault is caused by deliberate or malicious actions
    • If the fault is caused by other wiring or equipment in your home.

• 8. Faults

  • 8.1 If you experience a phone line fault please contact us on 0800 13 14 15 and we will make every effort to restore your service.
  • 8.2 If the fault was caused by you or people for whom you are responsible, you may be charged a fault diagnosis fee.
  • 8.3 Call diversion is available for faults that last longer than 24 hours.

• 9. Ancillary services

  • 9.1 Orcon supports call waiting, call minder and caller display services. Services which are provided by your current or previous telecommunications service provider may not be provided by Orcon and will not be automatically brought across from that provider. You will need to choose which of the available Orcon services you wish to receive.

• 10. Credit restrictions

  • 10.1 In the event of non-payment we reserve the right to place a temporary disconnect on your phone line. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.
  • 10.2 In the event of continued non-payment we reserve the right to disconnect your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.
  • 10.3 If you have a medical condition or other special circumstance for which you require your telephone connection for, it is your responsibility to let us know so we do not disconnect your phone line.

• 11. Withholding, suspending, or restricting services

  • 11.1 If you do not meet a responsibility you have to us, we may withhold, suspend or restrict any service at any time. We will do our best to contact you before doing this.

• 12. Calling plans

  • 12.1 A toll call is any call you make that is not a local call (e.g. national, international and calls to mobile phones). All Orcon toll calls are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.
  • 12.2 You are responsible for any charges incurred on your Orcon account for toll calls. This includes unintentional or unauthorised dialed numbers.
  • 12.3 Some malicious software or viruses can lead to toll calls being made automatically on your line. It is your responsibility to make sure you have sufficient security to meet your needs.
  • 12.4 Orcon calling plans are available to residential customers only and Orcon reserves the right to immediately cancel your plan if Orcon believes you are using the product for a business or reselling the product.
  • 12.5 There is a one monthly billing cycle minimum term on all Orcon plans.
  • 12.6 When you agree to subscribe to an Orcon calling plan you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.
  • 12.7 National Calling Zone is a plan which allows for an unlimited number of calls to New Zealand landlines. Calls on this plan are free for up to 1 hour. After an hours duration the standard per minute rates advertised on the Orcon website apply.
  • 12.8 International Calling Zone is a plan which allows for an unlimited number of calls to one of the 15 Orcon International Calling Zone destinations. These destinations can be found on the Orcon website. Calls are free for up to 1 hour, after the hour standard per minute rates advertised on the Orcon website apply. The International Calling Zone Plan is for calls to direct dial landlines only and does not include special services calls. These are calls to a service provider in the chosen International Calling Zone which are toll free in that Zone but which are charged at a specific rate per minute when called from New Zealand.
  • 12.9 The Mobile Calling Plan allows for 100 minutes to be used for landline to New Zealand mobile calls and these must be used within one monthly billing period. Once the 100 minutes have been used, standard retail rates apply. Unused minutes cannot be carried over into the next billing period.

Moving to and from the Orcon+ Network Terms and Conditions

1. When you transfer to the Orcon+ network you can keep your existing telephone number but if you are moving into a new local calling area you will not be able to take your current number with you.
2. If you decide to relinquish your current telephone number and accept a new Orcon telephone number you will not be able to revert to your old number at any time. Orcon is unable to retrieve your old number for you.
3. Other issues may arise as a result of transferring you to or from the Orcon+ network and while Orcon will use its best endeavours to resolve any issues, Orcon will not be liable for any direct or indirect loss you suffer as a result of your transfer to or from the Orcon+ network. Such issues may include (but are not limited to) interference with alarm monitoring services; need for new modem; need for new wiring at your premises; incomplete or incorrect transfer by our third party supplier.
4. The process of transferring you to or from the Orcon+ network may result in you being unable to use your home phone or broadband connections for a period of time. Orcon is reliant on the actions of a third party supplier in processing the new connection and therefore can give no guarantees as to the length of such periods. If you are moving to the Orcon + network and you are willing to relinquish your existing number and accept a new Orcon telephone number your down time should be significantly shorter than if you wish to keep your existing number.
5. These terms and conditions apply to all customers who receive the Orcon Services. The Orcon General Terms and Conditions and any terms and conditions relating to an Orcon service which you receive will continue to apply in addition to these terms and conditions. Specifically, the Broadband terms and conditions and the Homeline terms and conditions will apply to your Orcon services.

Orcon Homehub Terms and Conditions

• These terms and conditions apply in addition to the Orcon General Terms and Conditions and any other specific terms and conditions in relation to Orcon services which you receive.

  1. Ownership of the HomeHub will at all times remain with Orcon and you must not:
  (a) sell, lease, dispose of, lend or otherwise part with possession of, or modify in any way, the HomeHub;
  (b) use the HomeHub for any purpose other than receiving Orcon services in accordance with the relevant Orcon Terms and Conditions;
  (c) do any other act which may adversely affect or prejudice the ownership of the HomeHub in any way.

  2. We shall deliver the Homehub to your home address as provided to us. You must inspect the Homehub immediately upon receipt and inform us of any damage or items missing from the delivery by telephoning our Contact Centre on 0800 131415 within five days of delivery. We reserve the right to supply you with a Homehub that may have been refurbished provided that such refurbished Homehub shall be of equivalent quality and functionality as a new Homehub.

  The Homehub is configured to work only with Orcon services. You may not use it to obtain broadband services provided by other Internet service providers.

  Use of the Homehub may be impaired when you upload or download data using your home broadband at the same time as trying to make a telephone call using VoIP. In addition, we do not provide any warranty as to the level of performance of the Homehub which may be affected by conditions outside of our control, including, without limitation, the location of the Homehub in your home, the layout of your home, the materials used in the construction of your home, the distances between the Homehub and any wireless device that you use with the Homehub and any interference with radio signals that may arise in your home. We may automatically upgrade the software in the Homehub through a download via the Internet or via CD-ROM release. You will need to permit access to the Homehub for such downloads or run the CD-ROM on your computer to keep your Homehub up-to-date.

  We may charge you any reasonable costs incurred by us in relation to carriage, postage and packing and any other applicable duties taxes and charges arising from or connected with the delivery of the Homehub.

  3. You are responsible for installing the Homehub at your premises. You must install the Homehub in accordance with the Homehub Installation Guide. If you encounter any problems installing the Homehub, please contact us 0n 0800131415. If you have a fault with the Homehub please call Customer Support on 0800131415. We shall not be liable to you for any fault that is caused by you, including, but not limited to, your failure to comply with any instructions given to you Orcon. In the event that the Homehub is faulty, we shall replace or repair such defective Homehub at our option provided that such fault is not caused by your failure to keep the Homehub safe. In the event that we provide you with a replacement Homehub as a result of a fault, you must return the faulty Homehub to us in the prepaid return envelope provided within 14 days of  your receipt of the replacement Homehub .

  4. You must immediately return the HomeHub to Orcon on termination or cancellation of this agreement. If you fail to return the HomeHub in accordance with this clause we may require you to pay to Orcon on demand an amount of $250 or such other amount as determined by Orcon.

  5. You shall be liable for any loss (including by fire) or theft of, or damage however caused to, the HomeHub modem during the currency of your Orcon services agreement. It is your responsibility to effect insurance cover, if you elect to do so, against potential liability under this clause.

  6. Orcon has the right at any time during the currency of this agreement to enter your premises in order to maintain, replace or repossess the HomeHub or where Orcon has reasonable grounds to believe that you are not complying with your obligations under this agreement.

  7. Orcon may at any time in its absolute discretion require that you exchange any HomeHub modem for any new equipment provided or specified by Orcon.

  8. You shall pay a rental fee for the Homehub.  If you receive Orcon Platinum+ services your rental fee will be included in your Platinum+ Service Fee. If you receive any other type of Orcon service the rental fee will be billed to you in addition to any other service payments. All rental payments are inclusive of GST.

  9. We shall not be liable to you for any loss or damage arising out of any loss of data or for any other loss or damage which is not reasonably foreseeable by us.

Orcon Rural Broadband Terms and Conditions

1. These terms and conditions apply to all Orcon customers who receive the Rural Broadband service. The Orcon Broadband terms and conditions will also apply to the provision of the Rural Broadband Service. To the extent there is any inconsistency, these terms and conditions shall prevail.
2. If you are a new Rural Broadband customer, you will have to pay a connection fee and any applicable installation and equipment costs to use the Rural Broadband service.
3. The standard Rural Broadband Equipment includes the SIU (Service Interface Unit, Coaxial Cable, Antenna and ethernet cable).
4. The standard installation service for Rural Broadband involves setting up the Rural Broadband Equipment at your location and configuring your PC, which includes a demonstration of Rural Broadband. Unfortunately we are unable to guarantee a timeframe for installation at your premises.
5. The cost of the Rural Broadband Equipment and the standard Installation service cost will be set out on the Orcon website or you can contact Orcon on 0800 13 20 20  for information on these costs.
6. If you live 50km or more from the nearest tower base station, you will be liable to pay additional mileage costs.
7. In order to gain required signal strength for the Rural Broadband service, additional equipment and installation work may be required at an additional cost. If this is the case we will inform you, and we will not carry out any additional work until we have received approval from you.
8. Your Rural Broadband charges will appear as part of your monthly Orcon bill. Charges will include any applicable one-off installation and equipment charges, the Rural Broadband monthly fee (which is billed one month in advance) and a fee for any usage beyond your plan allowance (which is billed one month in arrears).
9. Rural Broadband usage charges are recorded in your Orcon bill.
10. If you want Rural Broadband transferred to a new telephone line or location you will have to pay connection and installation fees.
11. Each of the Rural Broadband plans will be described in its own set of product pages and in the relevant section on the Orcon website and also in the Frequently Asked Questions  sections (describing the service) and these are deemed to be included as part of these terms and conditions.
12. Rural Broadband is not available in all areas. Note that we will not be able to establish whether your location will be suitable for receiving the Rural Broadband service until an accredited technician has carried out an assessment at your location. 
13. Megabyte usage is based on the amount of data transferred through your Rural Broadband connection (both uploading and downloading).
14. Because Rural Broadband is delivered through the air it can be susceptible to weather conditions, such as snow and rain storms, between where you live and the tower where your signal is received and sent from. Similarly, trees, new buildings, alterations or large objects such as farm machinery in the signal path between the antenna and the signal tower may degrade the signal.
15. Rural Broadband can only be used on a computer that meets certain minimum system requirements.
16. Rural Broadband comes with standard equipment that will require installation by an authorised technician at your location. Additional equipment and installation work may be required at an additional cost, as referred to above.
17. The access speeds for Rural Broadband plans are estimates only. Actual speeds may vary.
18. The Rural Broadband usage meter is available for you to check on your megabyte usage in the “My Account” section of the Orcon website.
19. An expert Rural Broadband Contact Centre is available on 0800 13 20 20 from 8:30am to 10:00pm, Monday to Friday, to assist with your Rural Broadband queries.
20. Unfortunately we cannot guarantee a response time when a technician is required to visit your premises in relation to the service.

Orcon Rural Broadband Equipment Terms and Conditions

• These terms and conditions apply in addition to the Orcon General Terms and Conditions, the Rural Broadband Terms and Conditions and any other specific terms and conditions in relation to Orcon services which you receive.

  RBE means the Orcon Rural Broadband Equipment on your site made up of the outdoor antenna unit (together with any high gain antenna, if employed), the modem and the power supply unit supplied to you by Orcon and installed at your location by Orcon or its representative.

  1. Ownership of the RBE will at all times remain with Orcon and you must not:
  (a) sell, lease, dispose of, lend or otherwise part with possession of, or modify in any way, the RBE;
  (b) use the RBE for any purpose other than receiving Orcon services in accordance with the relevant Orcon Terms and Conditions;
  (c) do any other act which may adversely affect or prejudice the ownership of the RBE in any way.

  2.Orcon will, as soon as reasonably practicable, arrange for an employee or contractor of Orcon to supply, deliver and install the RBE at your premises as advised by you.

  3. We reserve the right to supply you with RBE that may have been refurbished provided that such refurbished RBE shall be of equivalent quality and functionality as a new RBE.

  4.The RBE is configured to work only with Orcon services. You may not use it to obtain broadband services provided by other Internet service providers.

  5. We do not provide any guarantee as to the level of performance of the RBE which may be affected by conditions outside of our control.

  6. In the event that the RBE is faulty, we shall replace or repair such defective RBE at our option provided that such fault is not caused by your act or omission.

  7. You shall be liable for any loss (including by fire) or theft of, or damage however caused to, the RBE during the currency of your Orcon services agreement. It is your responsibility to effect insurance cover, if you elect to do so, against potential liability under this clause.

  8. Orcon has the right at any time during the currency of this agreement to enter your site where the RBE is situated in order to maintain, replace or repossess the RBE or where Orcon has reasonable grounds to believe that you are not complying with your obligations under this agreement.

  9. Orcon may at any time in its absolute discretion require that you exchange any RBE for any new equipment provided or specified by Orcon.

  10. Upon termination of the agreement for the provision of Orcon Rural Broadband Services you will allow Orcon to access your site in order to repossess the RBE.

  11. If termination is before the expiration of the minimum term of 24 months then you must pay us, as liquidated damages for early termination a disconnection fee as advised to you by Orcon.

Acceptable Use Policies

• 1. Orcon's Acceptable Use Policy

  • 1.1 Orcon's Acceptable Use Policy applies to anyone who accesses our site, or subscribes to any of our services.
  • 1.2 If you are an Orcon customer, then the General Terms and Conditions will apply, and any product specific terms and conditions.

• 2. Complying with these Policies

  • 2.1 By using Orcon's services, you agree to comply to this Acceptable Use Policy and to other Policies which apply to particular services.

• 3. Changing Policies

  • 3.1 Orcon may at any stage change this policy. We will notify you of changes to this policy by posting an updated version of the policy on our website. Any changes apply from when they are first posted on the web site.

• 4. System Abuse

  • 4.1 System Abuse is strictly prohibited. Orcon Internet may terminate or modify service immediately and may bill for any resulting support charges if the client engages in system abuse. Following is a list of actions, which are defined to be system abuse. This list is non-exclusive; any action about which there is any doubt should be referred to Orcon for evaluation.

    • Attempting to access the internet from two locations at the same time.
    • Attempting to circumvent user authentication or security of any host, network, or account on Orcon Internet systems or the Internet at large ("hacking").
    • Attempting, in any way, to interfere with or deny service to any user or any host on the Internet. This includes, but is not limited to: the spawning of an excessive number of processes, Consuming excessive amounts of memory, central processor time, hard disk storage space, and abusing any general system resources.
    • Port scanning or investigating network configuration without the permission of the individual or company involved.
    • Engaging in harassment, whether through language, frequency, or size of messages.
    • Users are not permitted to send multiple unsolicited email (Spam) to single or multiple users including, but not limited to, advertising email.
    • Forwarding or posting "chain letters" (multiple forwarding) of any type.
    • Adding or attempting to add addresses to any mailing list without explicit positive consent of the addressee. (This also violates the Privacy act)
    • Using an Orcon account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider.
    • Introduce anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, our or anyone else's computer system or communications services.
    • Forging email or USENET posting header information.
    • Create or use a false identity for the purpose of misleading others as to the identity of the sender or origin of any message.
    • Posting inappropriate messages to USENET newsgroups e.g., posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
    • Posting messages that use inappropriate language or expressions of bigotry or hatred on Orcons website.
    • Attempting to cancel, supersede, or otherwise interfere with email or USENET posts other than one's own.
    • Using an account at another provider to promote an Orcon Web site in an abusive manner;
    • Reselling Orcon services to third parties that do not abide by these guidelines.

    If we feel that you have been abusing our system, we will not hesitate to disconnect your service indefinitely. In some cases, we may also add an additional charge and possibly prosecute. Any failure to obey these rules will result in a warning. If we consider the breach to be sufficiently serious (at our discretion), you agree that we may disconnect your services without liability to you.

• 5. Your Responsibilities

  • 5.1 You are responsible for all your activities while using our services, and material you post to our website.
  • 5.2 It is your responsibility to maintain the security of your personal information. We recommend you do not give out personal information such as credit card details on unsecured sites.
  • 5.3 You are responsible for what you view over the internet, including what your children view. Some content on the internet is adult and may not be suitable for children to view.

O Zone Terms and Conditions

• Orcon offers its Broadband customers zero rated (or unmetered) use of specific websites.  The material on these sites (the “O Zone”) can be visited, accessed, viewed and/or downloaded from without causing an increase to your monthly usage total.
• O Zone sites are available to Orcon Broadband Customers on Orcon@Home or Orcon@Work (including +) plans only.  O Zone access does not apply to Rural Broadband or Dial Up customers.
• It is important that you make frequent checks of the O Zone web page where you will find all of the O Zone Sites.  Orcon will regularly review the O Zone site list and may change it from time to time and without notice. If a site no longer appears on the list then your usage of this site will count towards your monthly data usage total.
• There will not necessarily be an on-screen flag to let you know that a site is part of the O Zone and there is no active alert to let you know if you have left an O Zone site.  Therefore you will need to always check your URL address bar to ensure that the address is an O Zone site.  Your URL address may change where you have used a link from an O Zone to take you to another site which is not part of the O Zone. Some content on O Zone sites may be delivered by a remote site (e.g. Embedded You Tube Clips) that is outside of the O Zone. In this case this traffic will be counted towards your data cap.
• Orcon will do its best to calculate your usage correctly but we cannot guarantee 100% accuracy when measuring usage from the 0 Zone sites.
• Please note that use of your Orcon mail account is part of the O Zone for standard usage only.  If you attempt to transfer abnormal volumes of traffic via your Orcon mail account, Orcon reserves the right to suspend or terminate your O Zone service without notice.

Domain Name Terms and Conditions

• 1. THE REGISTRAR'S OBLIGATIONS

  We agree that we will:
  1.1 comply with all .nz policies and accurately represent these to you;
  1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
  1.3 comply with your lawful directions in a diligent and timely manner regarding your domain name(s), (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
  1.4 process any new domain name registrations with the applicable registry within 3 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 8am - 8pm, Monday-Friday, and otherwise within 3 hours of the next business day;
  1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID or other applicable passwords for your domain name and your obligations as a registrant;
  1.6 arrange for correction of any error in the information in the applicable register about any domain name registered to you when requested;
  1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
  1.8 use your personal information only as authorised by you; take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
  1.9 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
  1.10 use our best endeavours to deal with any complaints you may have about the services we provide for you.

• 2. THE REGISTRANT'S OBLIGATIONS

  You agree that you will:
  2.1 comply with the .nz policies. You agree that you have read and understood the current policies;
  2.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
  2.3 keep the unique authentication ID and other passwords for your domain names and any other security information that we give to you confidential, safe and secure;
  2.4 satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
  2.5 ensure that you only use our services for a lawful purpose;
  2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
  2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
  2.8 protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
  2.9 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.

• 3. REGISTRATION OF A DOMAIN NAME

  When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
  3.1 that the following information becomes available to any member of the public:
  3.1.1 your name,
  3.1.2 your contact details and
  3.1.3 the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
  3.2 the domain name is registered in your name only because no other person has it according to the records of the register; and
  3.3 neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
  3.4 that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

• 4. REGISTER IS THE RECORD

  For all purposes the details shown in the applicable domain name register shall be treated as correct and the authoritative record.

• 5. PAYMENT OF FEES

  5.1 You agree to pay for the services we provide for you.
  5.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
  5.3 We may alter our fees from time to time. When we alter them we will provide notice of the alteration on our website 30 days before the new fee takes effect.
  5.4 Our usual fees are specified during the registration process, or will be supplied over the phone and are also available on our website.
  5.5 Our prices are stated in New Zealand dollars and exclude GST unless otherwise specified at the time or registration.

• 6. SUSPENSION AND REFUSAL TO SUPPLY SERVICES

  If you do not pay our charges for a domain name registered to you we may:
  6.1 cancel registration of that domain name; or
  6.2 refuse to provide a service you request.

• 7. CANCELLATION OF A DOMAIN NAME

  If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.

• 8. EXCLUSION OF LIABILITY

  We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
  8.1 InternetNZ, the .nz Registry and any other entity we are in any business relationship with;
  8.2 other domain name registries;
  8.3 every officer, employee, contractor, agent of us or any entity in clause 8.1;
  8.4 anyone else we get to perform our duties under any agreement you have with us.
  None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

  This exclusion applies whatever you are claiming for and in whatever way liability might arise.

  This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.

• 9. LIMITATION OF OUR LIABILITY

  We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.

  Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.

• 10. LAW AND JURISDICTION APPLYING TO THIS AGREEMENT

  Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise.
  To the extent legally permitted:

  10.1 all our services are provided under New Zealand law;

  10.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;

  10.3 except as otherwise stated, you may take action against us only in a New Zealand court;

  10.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.

• 11. CANCELLING THE AGREEMENT

  11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.

  11.2 We may end the agreement for any other reason by giving you one month's notice.

• 12. MORE THAN ONE PERSON

  You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.

• 13. EACH CLAUSE SEPARATELY BINDING

  Each clause of the agreement you have with us is separately binding.
  If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.

• 14. RIGHTS AND RESPONSIBILITIES THAT CONTINUE

  The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4 - 10, 12 - 13, and this clause 14.

Customer Premises Equipment

These terms and conditions apply in addition to written agreements between the Customer and Orcon (Orcon Service Agreements).

CPE means the Customer Premises Equipment being the equipment supplied to the Customer by Orcon into which the Orcon Service terminates at the Customer’s premises.

1. Ownership of the CPE will at all times remain with Orcon and you must not:
(a) sell, lease, dispose of, lend or otherwise part with possession of, or modify in any way, the CPE;
(b) use the CPE for any purpose other than receiving Orcon services in accordance with the relevant Orcon Service Agreements;
(c) do any other act which may adversely affect or prejudice the ownership of the CPE in any way.

2. We shall deliver the CPE to your address as provided to us. You must inspect the CPE immediately upon receipt and inform us of any damage or items missing from the delivery by telephoning our Contact Centre on 0800 131415 within five days of delivery. We reserve the right to supply you with a CPE that may have been refurbished provided that such refurbished CPE shall be of equivalent quality and functionality as a new CPE.
The CPE is configured to work only with Orcon services. You may not use it to obtain broadband services provided by other Internet service providers.
Use of the CPE may be impaired when you upload or download data using your broadband at the same time as trying to make a telephone call using VoIP. In addition, we do not provide any warranty as to the level of performance of the CPE which may be affected by conditions outside of our control, including, without limitation, the location of the CPE in your premises, the layout of your premises, the materials used in the construction of your premises, the distances between the CPE and any wireless device that you use with the CPE and any interference with radio signals that may arise in your premises. We may automatically upgrade the software in the CPE through a download via the Internet or via CD-ROM release. You will need to permit access to the CPE for such downloads or run the CD-ROM on your computer to keep your CPE up-to-date.
We may charge you any reasonable costs incurred by us in relation to carriage, postage and packing and any other applicable duties taxes and charges arising from or connected with the delivery of the CPE.

3. You are responsible for installing the CPE at your premises. You must install the CPE in accordance with the CPE Installation Guide. If you encounter any problems installing the CPE, please contact us on 080019 19 19. If you have a fault with the CPE please call Customer Support on 0800 19 19 19. We shall not be liable to you for any fault that is caused by you, including, but not limited to, your failure to comply with any instructions given to you Orcon. In the event that the CPE is faulty, we shall replace or repair such defective CPE at our option provided that such fault is not caused by your failure to keep the CPE safe. In the event that we provide you with a replacement CPE as a result of a fault, you must return the faulty CPE to us in the prepaid return envelope provided within 14 days of  your receipt of the replacement CPE .

4. You must immediately return the CPE to Orcon on termination or cancellation of the relevant Orcon Services Agreement. If you fail to return the CPE in accordance with this clause we may require you to pay to Orcon on demand an amount of $250 or such other amount as determined by Orcon.

5. You shall be liable for any loss (including by fire) or theft of, or damage however caused to, the CPE modem during the currency of your Orcon services agreement. It is your responsibility to effect insurance cover, if you elect to do so, against potential liability under this clause.

6. Orcon has the right at any time during the currency of this agreement to enter your premises in order to maintain, replace or repossess the CPE or where Orcon has reasonable grounds to believe that you are not complying with your obligations under any Orcon Services agreement.

7. Orcon may at any time in its absolute discretion require that you exchange any CPE for any new equipment provided or specified by Orcon.

8.  We shall not be liable to you for any loss or damage arising out of any loss of data or for any other loss or damage which is not reasonably foreseeable by us.

iSERVE Server Terms & Conditions

These terms and conditions apply to customers who purchased server hosting through iSERVE, a company that Orcon acquired in 2009.

This Standard Terms and Conditions is between iSERVE Limited (“iSERVE”) and the person or legal entity named in the Service Order Form (“Customer”) and is effective the day that Customer accepts the Agreement either by making payment for or by using the Service.

1. DEFINITIONS

   • 1.1 “Agreement” means these Standard Terms and Conditions, the iSERVE Service Order Form, the iSERVE Server Hosting Acceptable Use Policy (and where the Customer is a Reseller the Reseller Agreement) collectively.
   • 1.2 “AUP” means the iSERVE Server Hosting Acceptable Use Policy, as it may be amended from time to time in accordance with Clause 7 of these Standard Terms and Conditions.
   • 1.3 “Business Day” means Monday through Friday, 9:00am to 5:00pm, New Zealand time, excluding any day that registered banks in Wellington, New Zealand are required or permitted to be closed.
   • 1.4 “Reseller” means a Customer that purchases products and services from iSERVE Server Hosting at a pre-determined wholesale rate and then resells these products and services at a retail rate to its customers.
   • 1.5 “Reseller Agreement” means the agreement between iSERVE and Customers who are Resellers and appended in Schedule 1 to these Standard Terms and Conditions.
   • 1.6 “Service Commencement Date” means the date iSERVE generates an e-mail message to Customer that provides access codes and passwords for the use of the Services.
   • 1.7 “Service” or “Services” means the hardware, software and services provided by iSERVE.
   • 1.8 “Service Order Form” means the formal list of Services to be delivered by iSERVE and paid for by Customer, as may be amended from time to time in accordance with Clause 20.4 of these Standard Terms and Conditions.
   • 1.9 “Zealous! Support Plan” means iSERVE’s service level agreement with Customer.

2. TERM

   • 2.1The Agreement shall begin on the Service Commencement Date and continue for the period stated in the Service Order Form (the “Initial Term”).
   • 2.2Following the expiration of the Initial Term (unless iSERVE and Customer have agreed a “Renewal Term” being one or more additional terms having a fixed number of months to follow the Initial Term) the Agreement shall automatically renew for successive extended terms of thirty (30) days (each and “Extended Term”) until iSERVE or Customer provides the other with thirty (30) days advance written notice of termination.

3. SERVICES

   • 3.1Contingent upon Customer’s satisfaction of iSERVE’s credit approval requirements and on iSERVE’s verification of the information provided by Customer for the purpose of establishing the Service, iSERVE agrees to provide the Services in accordance with the terms of the Agreement.
   • 3.2In addition, iSERVE may from time to time perform certain additional services on an hourly fee basis (“Supplemental Services”), such as the customisation of a Service at Customer’s request and other professional technical services. Except for emergency and remediation services described in Clause 4 of these Standard Terms and Conditions, Supplemental Services will be performed only on Customer’s advance approval and will be invoiced at iSERVE’s standard fees as defined in Customer’s selected Zealous! Support Plan in effect at the time the Supplemental Services are performed or other rates approved in advance by Customer.

4. EMERGENCY AND REMEDIATION SERVICES

   • 4.1In the event of a security emergency, problems caused by an AUP violation or other emergency, iSERVE may, in its sole discretion, perform Supplemental Services for Customer without Customer’s prior consent.
   • 4.2Customer agrees to pay iSERVE’s then current hourly rate for Supplemental Services or the rates stated in the AUP (whichever are most appropriate) provided, however, that the fees for remediating any one emergency or problem caused by an AUP violation shall not exceed one month’s recurring fee for the Services or NZ$2,500.00, whichever is greater, unless agreed by both parties.

5. PAYMENTS

   • Fees

     • 5.1Customer agrees to pay the setup fee and monthly fee stated in the Service Order Form and iSERVE’s standard fees for Supplemental Services as defined in Clause 3.2 of these Terms and Conditions in effect at the time the Supplemental Services are performed.
     • 5.2iSERVE’s first invoice shall be the sum of the set up fee and the first monthly fee which is payable in full on Agreement Date set out in the Service Order Form, before the Service Commencement Date.
     • 5.3Following the Service Commencement Date, the monthly fee is due by Direct Debit one month in advance of the delivery of the Services on each anniversary of the Service Commencement Date.
     • 5.4Invoices for Supplemental Services, excess data transfer, reinstatement of service, switching and upgrade fees and other non-recurring amounts are due on the anniversary of the Service Commencement Date of the month following receipt by Customer.
     • 5.5Customer acknowledges that it is responsible for excess data transfer fees that may result from a denial of service or other attack on its iSERVE servers.
     • 5.6Credits due under Customer’s Zealous! Support Plan will only be payable by iSERVE where Customer contacts iSERVE within five (5) Business Days of the failure to comply with the relevant guarantee. Thereafter the credit will be given against the invoice for the following month.
     • 5.7Payments must be made in New Zealand dollars.
       
       • (i)iSERVE may charge interest on overdue amounts at a rate equivalent to iSERVE’s bank overdraft interest rate plus 2% per annum. Interest will not be payable on amounts in dispute under Clause 19 of these Standard Terms and Conditions, provided the dispute is resolved in favour of the Customer. Interest will accrue from the date the payment is due until the date of actual payment.
     • 5.8iSERVE may suspend any or all Services on five (5) Business Days advance notice if Customer is overdue on the payment of any amount due under the Agreement by more than fifteen (15) Business Days.
     • 5.9Customer agrees to pay iSERVE’s then current reinstatement fee (not to exceed $500.00 without Customer’s advance approval) following a suspension of service for non-payment or an AUP or Reseller Agreement violation investigation. Customer agrees to pay iSERVE’s reasonable costs of collection of overdue amounts, including collection agency fees, lawyer’s fees and court costs.

     Early Termination

     • 5.10Customer acknowledges that the amount of the monthly fee for the Service is based on Customer’s agreement to pay the fee for the entire Initial Term and any agreed Renewal Term.
     • 5.11All fees due under the Agreement, including the monthly fees for the remaining portion of the Initial Term or any Renewal Term, are due within five (5) Business Days following termination of the Services where:
       • (a)iSERVE terminates the Agreement in accordance with Clauses 14.2 or 14.3 of these Standard Terms and Conditions; or
       • (b)Customer terminates the Agreement but not in accordance with Clauses 14.1 or 14.3 of these Standard Terms and Conditions.

     GST

     • 5.12Customer shall remit to iSERVE all Goods and Services Tax imposed on the provision of the Services, regardless of whether iSERVE fails to collect GST at the time the related Services are provided, subject to presentation of a valid GST invoice.

6. CUSTOMER OBLIGATIONS

   • 6.1Customer agrees to do all of the following at its expense, whether provided by iSERVE, Customer or a third party:
     • (a)Security Precautions. Notwithstanding any agreement by iSERVE to provide security services, use reasonable security precautions in connection with its use of the Services and, if Customer resells iSERVE’s services, require its customers and end users to use reasonable security precautions;
     • (b)Information Back Up. Create and maintain a current and verified copy of all server content (including software, data and other information stored on Customer’s iSERVE servers) and store that copy in a reasonably secure location other than on Customer’s iSERVE server;
     • (c)Law, AUP. Comply with laws applicable to Customer’s use of the Services and with the AUP, and if Customer resells iSERVE’s Services to comply with the Reseller Agreement and require its customers and end users to comply with applicable law, the AUP and the relevant terms of the Reseller Agreement; and
     • (d)Investigation of AUP. Cooperate with iSERVE’s reasonable investigation of any suspected violation of the AUP or Reseller Agreement.

7. ACCEPTABLE USE POLICY (AUP)

   • 7.1Customer agrees that iSERVE may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services.
   • 7.2Amendments to the AUP are effective on the earlier of 20 Business Days after iSERVE’s notice to Customer that an amendment has been made, or the beginning of any Renewal Term or Extended Term.
   • 7.3However, if the amendment would materially or adversely affect Customer and Customer provides iSERVE with a written notice describing its objection to the amendment in reasonable detail before the effective date of the amendment, the amendment shall not become effective as to Customer, but iSERVE shall have the right to terminate the Agreement without liability as provided in Clause 14.2.d of these Standard Terms and Conditions.

8. RESELLERS

   • 8.1Where the Customer is a Reseller it agrees to enter into the Reseller Agreement in the form attached in Schedule 1 to these Standard Terms and Conditions.
   • 8.2The Customer acknowledges that iSERVE may refuse to supply to a Reseller any of iSERVE's Services until such time as the Reseller has returned to iSERVE a properly executed Reseller Agreement.
   • 8.3The Customer agrees that iSERVE may, amend the Reseller Agreement from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services which incorporate Microsoft Products.
   • 8.4However, if the amendment would materially or adversely affect Customer and Customer provides iSERVE with a written notice describing its objection to the amendment in reasonable detail before the effective date of the amendment, the amendment shall not become effective as to Customer, but iSERVE shall have the right to terminate the Agreement without liability as provided in Clause 14.2.d of these Standard Terms and Conditions.

9. SUSPENSION OF SERVICE

   • 9.1Customer agrees that iSERVE may suspend Services to Customer immediately upon notice to Customer and without liability if:

     • (a)iSERVE reasonably believes that the Services are being used in violation of the AUP or the Reseller Agreement;
     • (b)Customer fails to cooperate with any reasonable iSERVE investigation of any suspected violation of the AUP or Reseller Agreement;
     • (c)There is a denial of service attack on Customer’s servers or other similar event for which iSERVE reasonably believes that the suspension of Services is necessary to protect its network or its other customers;
     • (d)There is a security emergency or other similar emergency; or
     • (e)As requested by a law enforcement or government agency.
   • 9.2Customer agrees that iSERVE may suspend Services to Customer without liability if such suspension is scheduled and notified to Customer at least 5 (five) Business Days in advance by iSERVE, to enable iSERVE to carry out works within its network. iSERVE will use all reasonable endeavours to ensure that such works are performed outside of Business Hours and cause the least possible disruption to Customer and Customer’s business.
   • 9.3Information on Customer’s iSERVE servers will be unavailable during a suspension of Service.

10. WARRANTIES

    • iSERVE.
    • 10.1iSERVE represents and warrants to Customer that it:
      • (a)Is the owner or licensee of all copyrights, licenses, trademarks, patents or designs used to provide the Services;
      • (b)Has the appropriate personnel and facilities to provide the Services; and
      • (c)Will provide the Services in a sound and reasonable manner and with the standard of diligence and care as normally employed by duly qualified persons and in accordance with generally accepted practices appropriate to the Services provided.
    • Customer.
    • 10.2Customer represents and warrants to iSERVE that the information it has provided and will provide to iSERVE for purposes of establishing and maintaining the Services is accurate.
    • Reciprocal.
    • 10.3iSERVE represents and warrants to Customer, and if Customer is not an individual, Customer represents and warrants to iSERVE, that:
      • (a)It has the power and authority and the legal right to enter into the Agreement and to perform its obligations under the Agreement;
      • (b)It has taken all necessary action on its part to authorise the execution and delivery of the Agreement; and
      • (c)The execution and delivery of the Agreement and the performance of its obligations hereunder do not conflict with or violate applicable laws or regulations, and do not conflict with or constitute a default under its charter documents.
      • If Customer is an individual, Customer represents and warrants to iSERVE that he or she is at least 18 years of age.
    • 10.4Notwithstanding Clause 10.1.c of these Terms and Conditions iSERVE does not warrant or represent that the Services will be uninterrupted, error-free or completely secure.
    • 10.5Customer acknowledges that there are risks inherent in Internet and network connectivity that could result in the loss of Customer’s privacy, confidential information and property.
    • 10.6To the extent permitted by applicable law, iSERVE disclaims any and all warranties not expressly stated in the Agreement including the implied warranties in the Consumer Guarantees Act 1993 and those of merchantability or fitness for a particular purpose.
    • 10.7Customer is solely responsible for the suitability of the services chosen.
    • 10.8All goods and services are provided on an “as is” basis, except as expressly stated in any portion of the Agreement.

11. UNAUTHORISED USE OF SERVICE

    • 11.1Customer is responsible for the security of the servers provided pursuant to the Agreement, and iSERVE agrees to perform only the security services specifically described in the Service Order Form or other portion of the Agreement.
    • 11.2Customer shall be responsible for any unauthorised use of the Services by any person (other than any unauthorised use by iSERVE or its agents), and shall pay all fees incurred for its account by any such person using the Services.

12. INDEMNIFICATION

    • Customer.
    • 12.1Customer agrees to indemnify and hold harmless iSERVE, iSERVE’s authorised representatives, and each of their respective officers, directors, agents, contractors and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable lawyer’s fees) brought by a third party under any theory of legal liability arising out of or related to:
      • (a)The use of Customer’s Services in violation of: (a) the AUP, (b) any other portion of the Agreement (including the Reseller Agreement where applicable), or (c) applicable law, by any person regardless of whether such person has been authorised to use the Services by Customer (other than any unauthorised access by iSERVE or its agents); or
      • (b)Any dispute regarding the control of or unauthorised access to Customer’s account details with iSERVE.
    • Reciprocal.
    • 12.2Each party agrees to indemnify and hold harmless the other party, the other party’s authorised representatives, and each of their respective officers, directors, agents, contractors and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable lawyer’s fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party’s actual or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.
    • Procedures.
    • 12.3A party seeking indemnification under this Clause shall provide prompt notice of its claim for indemnification to the indemnifying party, provided, however, that failure to give prompt notice shall not affect the indemnifying party’s obligations under this Clause unless and to the extent that the failure materially prejudices the indemnifying party’s rights.
    • 12.4The indemnified party will have the right to select legal counsel to defend it in respect of any indemnified matter under this Clause provided, however, that the legal counsel selected must be reasonably satisfactory to the indemnifying party.
    • 12.5The indemnified party will keep the indemnifying party informed of the status of any litigation or dispute resolution procedure, will give reasonable consideration to the suggestions and requests of the indemnifying party with respect to the conduct of the litigation or dispute resolution procedure, and will not settle any matter covered by this Clause without the prior consent of the indemnifying party, which shall not be unreasonably withheld.
    • 12.6Notwithstanding anything in this Clause to the contrary, if the indemnifying party is indemnifying multiple persons related to the subject matter of the indemnification, the indemnifying party shall have the right to seek consolidation of all such actions and to select counsel to defend the actions.
    • 12.7Amounts due under this Clause shall be paid as incurred and may be offset against other amounts due under the Agreement.

13. LIMITATION OF DAMAGES

    • 13.1The credits described in the Zealous! Support Plan selected by Customer in the Service Order Form are the Customer’s sole remedy for iSERVE’s failure to meet the guaranties and warranties stated in that plan.
    • 13.2Except as described in the Zealous! Support Plan selected by Customer in the Service Order Form, neither party shall be liable to the other party for harm caused by or related to Customer’s use of the Services or inability to use the Services unless the harm was caused by that party’s gross negligence or wilful misconduct.
    • 13.3Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the Agreement, even if the party has been advised or should be aware of the possibility of such damages.
    • 13.4Notwithstanding anything else in the Agreement to the contrary, the maximum aggregate liability in any twelve (12) month period of each party and any of each party’s employees, contractors or authorised representatives, under any theory of law (including but not limited to breach of contract, tort or strict liability) shall be a payment of money not to exceed the amount paid by Customer for the Services for the twelve (12) months prior to the occurrence of the event(s) giving rise to the claim.

14. TERMINATION

    • Customer.
    • 14.1The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without liability as follows, if:
      • (a)iSERVE fails in a material way to provide the Services in accordance with the terms of the Agreement and does not remedy that failure within ten (10) Business Days of Customer’s written notice describing the failure in reasonable detail; or
      • (b)iSERVE materially breaches any other provision of the Agreement and fails to remedy that breach within twenty (20) Business Days of Customer’s written notice describing the breach in reasonable detail.
      • (c)iSERVE commits material breaches of the Agreement more than 3 times in any 12 month period, irrespective of whether or not the breaches are remedied.
    • iSERVE.
    • 14.2The Agreement may be terminated by iSERVE prior to the expiration of the Initial Term, any Renewal Term, or Extended Term, without liability as follows:
      • (a)Upon five (5) Business Days advance notice if Customer is overdue on the payment of any amount due under the Agreement by more than fifteen (15) Business Days;
      • (b)Customer materially breaches any other provision of the Agreement, including the AUP, and fails to remedy that violation within twenty (20) Business Days of a written notice from iSERVE describing the violation in reasonable detail;
      • (c)Upon one (1) Business Days’ notice if Customer’s Services are used in violation of the same material term of the AUP more than once;
      • (d)Upon one (1) Business Days’ notice if Customer objects to iSERVE’s amendment to the AUP or Reseller Agreement as provided in Clauses 7 and 8 of these Standard Terms and Conditions; or
      • (e)Upon reasonable notice if iSERVE is threatened with a legal claim for copyright or patent infringement related to the provision of the Services and is unable to modify the Services in a way that avoids an ongoing risk of liability.
    • Reciprocal.
    • 14.3The Agreement may be terminated by either party prior to the expiration of the Initial Term or any Renewal Term, or Extended Term, without liability as follows:
      • (a)Upon the other party becoming insolvent; or
      • (b)Upon a receiver or manager of any asset of the other party being appointed, or an order made or resolution passed for the liquidation of the other party.

15. CONFIDENTIALITY

    • 15.1Confidential Information Is:

      • (a)With respect to iSERVE, iSERVE’s unpublished prices for Services, server configuration designs and other proprietary technology;
      • (b)With respect to Customer, content transmitted to or from, or stored by Customer on, iSERVE’s servers; and
      • (c)With respect to both parties, other information that is conspicuously marked as “confidential” or if disclosed in non-tangible form, is verbally designated as “confidential” at the time of disclosure and confirmed as confidential in a written notice given within one (1) day of disclosure.
    • 15.2Reciprocal Agreement. Each party agrees not to disclose the other’s “Confidential Information” to any third party except to its agents and representatives who need to know the information to represent or advise it with respect to the subject matter of the Agreement.
    • 15.3Use of Paties’ Logos and Trademarks. Neither party may publicly use the other party’s logo or other trade or service mark without that party’s permission. The parties acknowledge that this does not inhibit each party from referring to the other party by name in any way.
    • 15.4Requests for Customer Information. Notwithstanding anything to the contrary above, Customer agrees that iSERVE may, without notice to Customer, provide any information, including Confidential Information, it has about Customer or any of its customers or end users in response to a formal request from a law enforcement or regulatory agency or a formal request in a civil action that on its face meets the requirements for such a request.

16. SOFTWARE

    • 16.1Customer agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appears on any software provided by iSERVE.
    • 16.2Customer may not reverse engineer, decompile, or disassemble any iSERVE provided software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, or is permitted by the terms of any “open source” license that governs the use of the software.
    • 16.3If the Service Order Form indicates that iSERVE uses any third party software to provide the Services, Customer agrees to all third party license terms and agrees that if it resells the Services it will require each of its customers to agree to those terms also.

17. THIRD PARTY PRODUCTS

    • 17.1At Customer’s request and as a convenience to Customer, iSERVE may from time to time arrange for Customer’s purchase or license of third party software, services and other products not included as part of the Services, and/or may provide support to Customer in relation to those products.
    • 17.2iSERVE makes no representations or warranty whatsoever regarding such third party products and related support services and they are provided “as is.”
    • 17.3Customer’s use of third party software, services and other products is governed by the terms of any license or other agreement between Customer and the third party.

18. NOTICES

    • 18.1Any notice or other communication to be given under this Agreement (“Notice”) may be given by one party to any other party to the Agreement by personally serving it on that party or by sending it by post or transmitting it by e-mail or facsimile to the address set out below for iSERVE and to the address set out in Customer’s Service Order Form (or to such other address as the party to be notified may advise for the purpose from time to time):

      • iSERVE Limited
      • Level 7 Towerblock
      • Percy Cameron Drive
      • Lower Hutt
      • PO Box 47-020
      • WELLINGTON 5143
      •  
      • Attention: Joy Cottle
      • Facsimile: +644 915 1490
      • Email: .(JavaScript must be enabled to view this email address)

    • 18.2Unless there is evidence to the contrary, any notice or document so given shall be deemed to be given at the time when it was actually delivered, came to the attention of the addressee, was sent by facsimile, or within 48 hours after the time it was posted to the recipient party at the respective address set forth above PROVIDED THAT:

      • (a)in the case of a notice personally served on a party or transmitted by facsimile, if the date of delivery or transmission is not a Business Day, or the service or transmission is made after 5:00pm on a Business Day then the notice will be deemed to have been received on the next Business Day;
      • (b)in the case of a notice mailed to the recipient, if the date on which it was mailed was not a Business Day, then the notice will be deemed to have been received two (2) Business Days after the date on which it was mailed; and
      • (c)in the case of a notice sent by e-mail, the notice will be deemed to have been received when the e-mail enters the information system designated in clause 18.1 (or advised by the recipient in accordance with clause 18.1) unless the date on which it is received is not a Business Day, in which case the notice will be deemed to have been received on the next Business Day.

19. DISPUTES

    • 19.1If any dispute arises out of or in connection with the Agreement, neither party shall commence any court or arbitration proceedings relating to the dispute unless that party has complied with the provisions of this Clause, except where a party seeks urgent interlocutory relief.
    • 19.2A party claiming a dispute will promptly give notice to the other party specifying the nature of the dispute. On receipt of a notice claiming a dispute has arisen, the parties will endeavour in good faith to resolve the dispute.

    • 19.3If the parties do not resolve the dispute within five (5) Business Days of receipt of the notice claiming a dispute has arisen (or such further period as agreed in writing by them), then a mediator will be appointed using the following process:

      • (a)The dispute shall be submitted to mediation, administered by an independent mediation service agreed by both parties and held in accordance with its mediation rules.
      • (b)Pending resolution of any dispute the parties will continue to perform their obligations under the Agreement without prejudice to their respective rights and remedies.
    • 19.4Each party shall be liable for any costs, debt collection, lawyer or court fees reasonably incurred in the collection of undisputed amounts or disputed amounts found by mediation to be owing by one party to the other.

20. MISCELLANEOUS

    • 20.1Solicitation of Employees. Each party agrees that it shall not solicit any employee of the other party for employment with that party or any other legal entity during the term of the Agreement and for twelve (12) months following termination of the Agreement.

    • 20.2Ownership. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trade secrets, inventions, copyrights and other intellectual property, and that iSERVE shall own any intellectual property that it may develop in the course of performing the Services. Customer does not acquire any ownership interest or rights to possess iSERVE’s server(s) or other hardware, and has no right of physical access to the hardware. Upon expiry or termination of the Agreement Customer agrees:

      • (a)That iSERVE may put to use for another purpose the servers that have been used by Customer and delete all Customer information on such servers upon giving Customer a reasonable opportunity (and, in any event, not less than five (5) Business Days notice) to copy recover the information from such; and
      • (b)To promptly release any Internet protocol numbers, addresses or address blocks assigned to Customer in connection with the Services (but not any URL or top level domain or domain name) and agrees that iSERVE may take steps to change or remove any such IP addresses.
    • 20.3Governing Law, Jurisdiction, Venue. The Agreement shall be governed by the laws of New Zealand. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods or by New Zealand’s Consumer Guarantees Act 1993. Exclusive venue for all disputes arising out of or relating to the Agreement shall be the courts of New Zealand and each party irrevocably consents to such personal jurisdiction and waives all objections thereto.

    • 20.4Modifications. Except for the following, the Agreement may be amended only by a formal written agreement signed by both parties:

      • (a)Amendments of the AUP as described in Clause 7 of these Standard Terms and Conditions; or
      • (b)A Renewal Term may be agreed or changes to any part of the Service Order Form may be made by an exchange of written correspondence (including electronic mail) that includes both parties’ express consent to the renewal or change.
      • The terms on Customer’s purchase order or other business forms are not binding on iSERVE unless they are expressly incorporated into a formal written agreement signed by both parties.
    • 20.5Non-Waiver. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.
    • 20.6Headings. The headings in the Agreement are not part of the Agreement, but are for the convenience of the parties.
    • 20.7Survival. The following provisions of these Standard Terms and Conditions will survive expiration or termination of the Agreement: fees (Clause 5.1), indemnity obligations (Clause 12), confidentiality obligations (Clause 15) , provisions limiting liability (Clauses 10.2, 10.3 and 13), disclaiming warranties (Clauses 10.4, 10.5, 10.6, 10.7 and 10.8), regarding ownership of intellectual property (Clause 19.2), these miscellaneous provisions (Clause 20.2), and other provisions that by their nature are intended to survive termination of the Agreement.
    • 20.8Force Majeure. Neither party shall be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond that party’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organised labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry. Where this failure to perform an obligation continues for a period of thirty (30) consecutive days the other party has the right to terminate this Agreement without penalty, subject to Clause 5.12 of these Standard Terms and Conditions.
    • 20.9No Third Party Beneficiaries. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement.
    • 20.10Severability. If any term of these Standard Terms and Conditions is determined to be invalid or unenforceable, all other terms shall remain in full force and effect and said term shall be reformed only to the extent necessary to make it enforceable.
    • 20.11Relationship Between the Parties. The parties are independent contractors and not partners or joint venturers. Neither party is the agent of the other and neither party may represent to any other that it has the power to bind the other on any agreement. The Agreement is non-exclusive. iSERVE may provide service to any other, including a competitor of Customer.
    • 20.12Assignment. Customer shall not assign, subcontract, pledge or transfer the whole or any part of its rights, duties or obligations under this Agreement, without the previous written consent of iSERVE. iSERVE may not do the same without first notifying Customer.
    • 20.13Privacy. The information in the Agreement about Customer and any other personal or business information which Customer may provide at any time may be used by iSERVE for the purposes of checking Customer’s credit and introducing other products and services to Customer. Furthermore the Privacy Act 1993 gives Customer the right at any time to request an update or correction of the information held by iSERVE, or to have iSERVE remove Customer’s name from iSERVE’s mailing list.
    • 20.14Credit Approval. By signing this Agreement, and in accordance with the Privacy Act 1993, Customer authorises iSERVE to exchange information with Credit Reporting Agencies and any credit providers about Customer’s credit worthiness, both personal and commercial.
    • 20.15Entire Agreement. The Service Order Form and AUP (and where the Customer is a Reseller the Reseller Agreement) are hereby incorporated in these Standard Terms and Conditions by reference and together collectively constitute the Agreement. The Agreement is the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replaces any prior understanding or communication, written or oral.
    • 20.16Acknowledgement. By continuing to maintain Services with iSERVE, the Customer is stating and acknowledging that the Customer has read and understood the Agreement and agrees to be bound by it.

iSERVE Web Hosting Acceptable Use Policy (AUP)

• This Acceptable Use Policy (AUP) has been created by iSERVE to ensure the integrity, reliability and stability of the iSERVE network, associated networks and related services.

  This AUP shall be effective from the time a service is initiated for the client, through to the time the service is ceased by either party. The client must ensure that the use of any service, product, or resource offered, provided, or controlled by iSERVE conforms to this AUP as well as iSERVE’s Terms and Conditions. The Customer will be held responsible for its direct use of iSERVE’s services, its systems, and any third-party use.

  iSERVE may at its discretion modify this AUP at any time and in any way as and when it feels necessary. Notification of changes or amendments to this document will be posted on the iSERVE website.

  This Acceptable Use policy replaces any previous AUP or agreements that may have been previously made with iSERVE in any form.

  The use of iSERVE’s services is deemed to be in agreement with this and the standard iSERVE terms and conditions, or other terms and conditions for service of a business operating under the iSERVE group of companies.

  1. Acceptable Use

     In addition to the other requirements of this AUP, the Service may be used only in a manner that, in iSERVE’s sole discretion, is consistent with the purposes of such Service. Customers should contact iSERVE if unsure of whether any contemplated use or action is permitted.

     • 1.1The usage of iSERVE’s services must comply with current laws and regulations;
     • 1.2Including but not limited to regulations pertaining to copyright, license agreements and patents
     • 1.3Must adhere to rules and regulations in iSERVE’s Terms and Conditions

     • 1.4Mail Services

       The following mail limits are designed to enable iSERVE’s mail servers to operate at optimal efficiency therefore ensuring that all iSERVE’s clients receive the highest quality mail service possible.

       • a)Single E-mail Message Size Maximum 20MB - The maximum size of a single message will be set to 20MB (20 Mega Bytes) in line with the mailbox size. You will be able to receive a message up to 20MB provided you have adequate space in your mailbox.
       • b)Maximum E-mail Mailbox Size: 20 MB - The maximum size of the Clients mailbox will be set to 20MB (20 Mega Bytes).
       • c)E-mail Message Lifetime: 30 Days - In order to maintain the performance of our mail server, guarantee new mail can be received, as well as service standards, mail left on the server for more than 30 days may be deleted from the server.

     • 1.5Website Hosting Services

       The following limits are designed to enable iSERVE's web servers to operate at optimal efficiency therefore ensuring that all iSERVE's clients receive the highest quality service possible:

       • a)Website Traffic Allowance: Basic and Enhanced hosting plans only: 7GB / 28 days - Website traffic under 7GB (7 Giga Bytes) per website per 28 days will be provided free. Traffic used above the allocated 7GB (7 Giga Bytes) will be charged at $25.00 + GST per 1GB (1 Giga Byte) block used per website.
       • b)Warning Message for traffic quota: To ensure clients are aware that they are reaching 75% of their allowed website traffic limit. A warning message will be sent via e-mail to the contact address of the iSERVE account holder once their total traffic generated to their site exceeds 75% of their allowance.
       • c)System Resources - Clients acknowledge that the web site hosting Service is provided on a multiple shared server environment and agrees not to engage in any activity that could overwhelm the server with heavy CPU, memory or network usage or that requires a disproportionate amount of the resources of the iSERVE Web servers, including without limitation, use of highly active CGI scripts or chat scripts.
       • d)Security - It is the Clients responsibility to ensure that cgi scripts, any executable files or dynamic scripts uploaded to the iSERVE Web Servers are configured in a secure manner.

     • 1.6Database Hosting Services

       • a)System Resources - The Client acknowledges that Database Service is provided on a multiple shared Database server environment and agrees not to engage in any activity that could overwhelm the Database server with heavy CPU, memory or network usage or that requires a disproportionate amount of the resources of the iSERVE Database servers, including without limitation, execution of untested or badly written Database queries.

  2. Unacceptable Use

     By way of example, and not limitation, the following sections outline activities that are expressly prohibited. The service shall not be used to post, transmit, re-transmit or store material which, in the judgment of iSERVE Limited:

     • a)Violates local, state, federal, foreign, or International Law;
     • b)Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity.
     • c)Deceptive or fraudulent practices.
     • d)Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents. Actions that restrict or inhibit any Person, whether a customer, iSERVE, or otherwise, in its use or enjoyment of any iSERVE service.
     • e)Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
     • f)Sending unsolicited bulk messages (spam), via any means, including, but not limited to, email, instant messenger services, and newsgroup postings. iSERVE reserves the right to determine in its sole discretion and based on the information available what constitutes spam as well as what measures are necessary in response to spamming complaints.
     • g)The engagement of iSERVE services to promote deceptive and or illegal marketing practices, products or services.
     • h)Connecting to IRC (Internet Relay Chat) services from within the iSERVE or associated networks).

     • 2.1System and Network:

       • a)The deliberate transmission of computer viruses, worms, trojan software, or other malicious programs.
       • b)Interfering with, disrupting, or denying service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g. denial of service attacks).
       • c)Attempting to gain unauthorized entry to any site or network including, but not limited to, executing any form of network probing, monitoring or other information gathering on the iSERVE or a third party site or network.
       • d)Attempting to circumvent host or user authentication or other security measures of any host, network or account.
       • e)Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers.
       • f)Manipulate or bypass iSERVE’s usage limits.
       • g)gain or attempt to gain access to a service or services not provided by iSERVE this includes but is not limited to console, command line or shell
       • h)uploading and or use of a file system manager of any description that provides the ability to access files outside of your allocated website space.

     • 2.2Mail Server Facilities:

       • a)Sending unsolicited mail messages.
       • b)Harassment including, but not limited to, language, frequency or size of messages.
       • c)Unauthorized use, or forging, of mail header information.
       • d)Solicitation of mail for any other E-mail address other than of the poster's account or service with the intent to harass or to collect replies.
       • e)Creating or forwarding "chain letters" or other "schemes" of any type.
       • f)Use of unsolicited E-mail originating from within iSERVE’s network, or networks of other Internet Service Providers, on behalf of, or to advertise any service hosted by iSERVE, or connected via iSERVE’s network.
       • g)Infringement of mail service restrictions as outlined in Section 1.4 of this document

     • 2.3Newsgroups:

       • a)Posting the same or similar messages to large numbers of newsgroups ("Newsgroup spam").
       • b)Posting excessive numbers of identical or similar messages to any number of newsgroups from iSERVE’s network or networks of other Internet Service Providers on behalf of, to advertise, any service hosted by iSERVE or sites hosted within, or via iSERVE’s network.
       • c)Posting chain letters of any type.
       • d)Posting encoded binary files to newsgroups not named for that purpose.
       • e)Cancellation or superseding of posts other than your own.
       • f)Forging of header information of the poster's account or service.

  3. Additional Obligations

     • 3.1Bulk Email:

       Bulk email must provide recipients with an easy and effective mechanism for removal from bulk email lists. The source of the addressee's address must be included in each bulk email message. Senders of bulk email must take effective steps to confirm that the actual owner of each email address on a list has agreed to receive bulk mailings from the sender before sending email to that list. The utilization of web server SMTP services for the use of sending bulk emails is expressly prohibited.

     • 3.1(i) Comply with any instructions or requests made by iSERVE with regard to the hosting of a particular website (s) domain name or other service in a timely fashion.

     • 3.2Password Protection:

       The Customer is responsible for protecting passwords and for any authorized or unauthorized use of its systems and/or networks. All actions resulted from passwords being compromised will remain the sole responsibility of the Customer.

     • 3.3Content Protection:

       The Customer must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Service.

     • 3.4Content Ownership:

       The Customer is responsible for all content or information residing on, obtained or transmitted via the Service.

     • 3.5Vulnerable Systems:

       iSERVE reserves the right, without prior notice, to perform vulnerability tests on systems residing on its IP address range, which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. iSERVE will employ all reasonable efforts to ensure that such testing

       • a)will be non-intrusive in nature, and
       • b)will not adversely affect Service provided to Customer or compromise the security of Customer's network.

       The Customer is responsible for correcting any system vulnerability upon notification. Customer must terminate operations of a known compromised system.

     • 3.7Service Provided Equipment:

       Customer is responsible for any modification of, alteration to, or other tampering with any hardware provided with the Service.

  4. AUP Enforcement

     • 4.1Violation of this AUP may subject Customer to international, federal, and/or state civil and/or criminal liability. Customer activity that facilitates a violation of this AUP by any party constitutes a violation of this AUP by Customer.
     • 4.2iSERVE reserves the right to immediately, and without prior notice, filter, block, suspend, and/or terminate access to the Service at any time for any conduct that iSERVE, in its sole discretion, determines violates, or may violate, this AUP and/or Terms and Conditions or is otherwise harmful to iSERVE’s interests or the interests of others.
     • 4.3If access is terminated, iSERVE, in its sole discretion, may refuse to accept all new E-mail sent to the terminated E-mail address and delete all or part of Customer's data stored on Service.

  5. Third Party Complaint Process

     • 5.1If Customer, or the public, wishes to notify iSERVE of a potential violation of this AUP they should do so by sending an E-mail to .(JavaScript must be enabled to view this email address). iSERVE will review such communication as quickly as possible and take action as deemed appropriate by iSERVE.

iSERVE Web Hosting Terms & Conditions

• These terms and conditions apply to customers who purchased web hosting through iSERVE, a company that Orcon acquired in 2009.

  As a customer of iSERVE Limited these standard terms plus our Acceptable Use Policy (AUP) form the basis of iSERVE's contract with you.

  1. Standard Terms and Conditions

     • 1.1As a customer of iSERVE Limited these standard terms form the basis of iSERVE’s contract with you. Our contract with you also includes your application form whether it is submitted by fax, or by internet submission and will be deemed to be the original application. We may amend these standard terms at any time. This will vary our contract with you. When we do this we will notify you via e-mail of the amended standard terms. The amendments we make will apply seven days after we send you the details of these amendments. We may interpret your ongoing use of our services after that date as constituting your acceptance of the amendments.

     In this contract we use the terms “iSERVE”, “we”, “our”, and “us” to refer to iSERVE Limited and “you” and “your” to refer to the customer. Headings in this contract do not affect their interpretation.

  2. Our Commitment of Service to You

     • 2.1We aim to provide you with consistently reliable and good quality service. We do not guarantee that the service we provide will be perfect. When access to your services are disrupted we will do our best to reinstate the service to you as soon as we can.

     The iSERVE Support Centre is available via e-mail, and any enquiries should be directed to .(JavaScript must be enabled to view this email address).

     The service we supply to you will be supplied to you in whatever way we think is appropriate. We can choose the carriers used to provide our services and we can change the carriers at our discretion.

  3. Your General Responsibilities

     • 3.1You agree that you will:

       • (a)Pay for all goods and services to you. Our charges will normally be inclusive of GST.
       • (b)Pay each bill by the due date for payment set out in it. If you do not we may elect to charge you interest at a rate we specify and which is equivalent to our bank overdraft interest rate plus 2% per annum on the overdue amount from the due date until payment of the relevant amount. We reserve the right to charge you late payment fees and disconnection fees and will advise you via email if this is to occur due to non payment of your account.  We may also recover from you all legal and related collection costs incurred by us arising from the collection of any amount which you owe to us and which you do not pay to us then due.
       • (c)If you have a genuine dispute in relation to amounts we have charged you, pay the undisputed charges and notify us immediately you become aware of any disputed charges. If you do so you must give us full details of the reason you are disputing the charges and you must give us evidence of the grounds for your dispute. We will look into the issue and you will comply with our good faith decision on the issues.
       • (d)Ensure that all of the information you give us is correct and complete.
       • (e)Comply with any legal requirements concerning the use of our services.
       • (f)Comply with any requirements of any other carrier in relation to the use of its network.
       • (g)Make sure everyone you are responsible for also meets these responsibilities.
       • (h)agree that, whether or not the account you have created is used, all charges incurred between the activation of your account, and the suspension or disconnection of your account will be met by you, including those charges set out in clause 3.1 b
     • 3.2 We may at our discretion request a credit report from a third party. By accepting these Terms and Conditions, you authorise us to use the information supplied for credit checking purposes only.
     • 3.3 We reserve the right to impose a credit limit on your account at any time. You agree that the credit limit imposed by us may be altered at our discretion with effect from the date we notify you of such change. You also agree that if at any time you exceed our credit limit we will be entitled to suspend the provision of our service to you. All costs and expenses of or incurred by us as a result of such suspension and any re-commencement shall by payable by you upon demand.
     • 3.4 We reserve the right to refuse service to any person or entity who applies to use our service. Reasons for refusal may include but is not limited to unfavourable credit rating, notification of bankruptcy, liquidation, business closure, criminal or unfair trading practices.

  4. SUSPENSION OR DISCONNECTION

     • 4.1If you do not meet any one or more of your responsibilities under this contract we may suspend or disconnect you from our network. We may also discontinue any other services we provide to you. In that situation we may also terminate our contract with you. These forms of action may be enforced by us without prior notice.
     • 4.2We may also suspend or disconnect you from our network if a carrier supplying services to us suspends or interrupts its service to us and that suspension or interruption affects our ability to provide our services to you.
     • 4.3We may also suspend or restrict a service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
     • 4.4If you are suspended or disconnected from our network for failing to meet any of your responsibilities under this contract you may have to pay a re-commencement fee before you can use our services again.
     • 4.5Usually normal charges will continue to apply during your suspension or disconnection from our network.

  5. COMPENSATION AND LIABILITY

     • 5.1If you receive goods or services from us for the purposes of a business, then you agree that the Consumer Guarantees Act 1993 will not apply to this contract or any of our business dealings.
     • 5.2If our service fails to operate for any reason and you use a service provided by another carrier, we will not be responsible for that carrier’s service charges.

     We also exclude all other liability we may have to you for acts or omissions by us, our directors, employees, agents, representatives and contractors. This includes both direct and indirect losses, including loss of profits, loss of revenue and loss of any opportunity. These exclusions of liability also apply under the Contracts (Privity) Act 1982 for the benefit of any other carrier who allows us to use its network to provide our service to you.

     To the extent permitted by law none of the persons referred to in the preceding paragraph are liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by these standard terms

     This exclusion of liability applies whether or not our contract with you has ended and regardless of the type of damage you suffer or howsoever it was caused.

  6. LIMITATION OF LIABILITY

     • 6.1To the extent permitted by law if, despite the provisions contained in the previous section, we or any other carrier is liable to you for any breach of these standard terms, or for breach of any other obligation that might be owed to you, our liability shall be limited, at our discretion, to any one or more of the following:

       • (a)If the breach relates to the provision of services:

         • (i)supplying of the relevant services again; or
         • (ii)payment of the cost of having the relevant services supplied again; and

       • (b)If the breach relates to goods:

         • (i)replacement of the relevant goods or supply of equivalent goods;
         • (ii)repair of the relevant goods;
         • (iii)payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
         • (iv)payment of the cost of having the relevant goods repaired.

  7. MAINTENANCE

     • 7.1iSERVE will provide maintenance services if required by the Purchaser and upon the Purchaser executing iSERVE's maintenance contract.

  8. CUSTOMER INFORMATION

     • 8.1You agree, for the purposes of this contract and the performance of our obligations to you, that we may collect information about you. The information we collect about you may be obtained from you and others. We may obtain information about you when the services offered to you are used, either by you or anyone else.
     • 8.2You may decide not to provide any information sought from you. If you do not provide it then we may not be able to provide our services to you.
     • 8.3We may use the information we hold about you and may exchange information about you with our contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of our business.
     • 8.4You may obtain access to, and correct, any information held by us under the Privacy Act 1993.

  9. OTHER TERMS

     • 9.1Other terms may apply to some of the services provided by us to you. We will tell you about the terms that apply in those circumstances.

  10. INVOICES AND NOTICES

      • 10.1We will deliver our invoices and any other notices to the most recent email address you have given us. We may assume that any such invoice or notice has been received 1 day after we have sent it. Please ensure that you inform us when you change your address.
      • 10.2It is essential that if you change address or move premises, you must inform us of this event in writing to enable us to ensure that there is no interruption in our supply of service to you. If you do not inform us of this event we will not be able to ensure continued supply of our service to you.

  11. ASSIGNMENT AND DELEGATION

      • 11.1We may assign or transfer our rights and responsibilities under this contract to someone else. We will give you written notice in advance if we intend to do this.
      • 11.2We may also subcontract the performance of any of our responsibilities under this contract to anyone else.
      • 11.3You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.

  12. TERMS SEPARATELY BINDING

      • 12.1If, for any reason, any provisions of this contract cannot be enforced or relied on be either of us, all other terms of our contract with you remain binding.

  13. TERMINATION

      • 13.1If you do not pay any of the invoices we send to you or you otherwise fail to meet your responsibilities to us we may end our contract with you. Ending the contract between us in this way shall not release you from any outstanding obligations or responsibilities you owe to us.
      • 13.2If you want to end the contract between us please write to us at P.O. Box 47-020 Wellington 5143, New Zealand, or e-mail us at .(JavaScript must be enabled to view this email address). Our agreement will end and all charges will cease at the end of your current billing cycle provided you have paid us in full all outstanding amounts due to us.
      • 13.3If for any reason we delay in exercising our rights that will not mean we have waived or given up our rights.

      On termination of our contract with you, we will cease providing our service to you and all amounts which you owe to us will immediately become due and payable. We shall not be liable to you for any loss or damage suffered, or claimed to have been suffered, by you on or following termination of the supply of our service to you.

  14. FORCE MAJEURE

      • 14.1We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this Agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.

  15. COMPLIANCE WITH REGULATIONS AND ACCEPTABLE USE

      • 15.1You shall be solely responsible for obtaining any necessary permits under and for compliance with all legislation, regulations, by-laws or rules having the force of law in connection with the installation and operation of the services. iSERVE will not be held accountable or liable for any illegal activities as seen by the laws of this country or any international laws.
      • 15.2iSERVE may monitor your use of the Services and any material posted, downloaded, transmitted or communicated using the Services for compliance with iSERVE’s Terms. iSERVE may pass on any material or information it finds as a result to the relevant authority if iSERVE suspects any illegal or offensive activity is involved, and you will have no claim against iSERVE for this.
      • 15.3iSERVE may also monitor your use of the services at anytime with regard to reasonable usage and if it deems your usage is in excess of reasonable, and/or it solely places a strain on iSERVE resources or services to its existing or perspective clients, iSERVE reserves the right to request an upgrade of plan, or negotiation outside of its standard plan pricing, terms and conditions.

iSERVE International Domain Names Terms & Conditions

• These terms and conditions apply to customers who purchased international domain names through iSERVE, a company that Orcon acquired in 2009.

  Registration Agreement

  This page is important. It gives you, as the customer, a summary of your rights and responsibilities and requires you to formally agree to them before your application proceeds further. By proceeding further you agree to these terms and conditions. iSERVE Limited is an Authorised Reseller of Tucows.com Co . Our role is that of an agent acting for you at the Registrar, Tucows.com, who in turn act for you at the Registry.

  1. In this Registration Agreement (“Agreement”) “Registrant”, “you” and “your” refers to the registrant of each domain name registration, “we”, “us” and “our” refers to Tucows.com Co., and “Services” refers to the domain name registration services provided by us as offered through iSERVE Limited, the Registration Service Provider (“Reseller”) and its associated companies, affiliates and partners. Any reference to a “registry”, “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable TLD or ccTLD. This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.

  2. Selection of a Domain Name

     You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name registration, even if an inquiry indicates that a domain name is available at the time of your application for same. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly to be used, infringes upon the legal rights of a third party and further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose.

  3. Fees

     As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. As further consideration for the Services, you agree to:

     • (1)provide certain current, complete and accurate information about you as required by the registration process, and

     • (2)maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Tucows and each registry reserves the right to terminate your domain name registration if:

       • (i)information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or
       • (ii)you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Agreement which will entitle either us or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to you.

  4. Term

     This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.

  5. Modifications to Agreement

     You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Tucows may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

  6. Modifications to Your Account

     In order to change any of your account information with us, you must use the Account Identifier and Password that are allocated to you when you register a domain name. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.

  7. No Guaranty

     You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

  8. Domain Name Disputes

     You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If Tucows is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Tucows may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until

     • (i)Tucows is directed to do so by the judicial or administrative body, or
     • (ii)Tucows receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Tucows may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.

  9. Policy

     You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, registry, ICANN or government-adopted policy,

     • (1)to correct mistakes by us or a registry in registering the name or
     • (2)for the resolution of disputes concerning the domain name.

  10. Agency

      Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement

  11. Announcements

      We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

  12. Limitation of Liability

      You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. Tucows and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:

      • (1)loss or liability resulting from access delays or access interruptions;
      • (2)loss or liability resulting from data non-delivery or data mis-delivery;
      • (3)loss or liability resulting from acts of God;
      • (4)loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
      • (5)loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
      • (6)loss or liability resulting from the interruption of your Service.

      You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

  13. Indemnity

      You agree to release, indemnify, and hold Tucows, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.

  14. Transfer of Ownership

      The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative contact at the time the controlling Account Identifier and Password are secured, shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

  15. Breach

      You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

  16. Disclaimer of Warranties

      You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is”, “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

  17. Information

      As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:

      • (a)your name and postal address (or, if different, that of the domain name holder);
      • (b)the domain name being registered;
      • (c)the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
      • (d)the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
      • (e)the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.

      Any voluntary information we request is collected in order that we can continue to improve the products and services offered to you through your Reseller.

  18. Disclosure and Use of Registration Information

      You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.

      • (a)You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
      • (b)You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.
      • (c)We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
      • (d)We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.

  19. Obligation to Maintain WHOIS

      Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the WHOIS directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by ICANN or an applicable registry policy.

  20. Revocation

      We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

  21. Inconsistencies with Registry Policies

      In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.

  22. Non-Waiver

      Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

  23. Notices

      Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Tucows must be sent to .(JavaScript must be enabled to view this email address). Any notice to you will be sent to the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Tucows shall be sent to:

      • TUCOWS Inc.
      • Registrant Affairs Office
      • 96 Mowat Avenue
      • Toronto, Ontario M6K 3M1 CANADA
      • Attention: Legal Affairs

      and in the case of notification to you shall be sent to the address specified in the “Administrative Contact“ in your WHOIS record.

  24. Entirety

      You agree that this Agreement, the applicable dispute policy and the rules and policies published by Tucows and any applicable registry or other governing authority are the complete and exclusive agreement between you and us regarding our Services.

  25. Governing Law

      This agreement shall be governed by and interpreted and enforced in accordance with the laws of province of Ontario and the Federal Laws of Canada applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in Ontario and you irrevocably consent to the jurisdiction of such courts.

  26. Infancy

      You attest that you are of legal age to enter into this Agreement.

  27. Force Majeure

      You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

  28. Privacy

      Information collected about you is subject to the terms of Tucows' privacy policy, the terms of which are hereby incorporated by reference. Tucows' privacy policy can be found at: http://www.tucows.com/privacy.html

  29. Controlling Language

      In the event that you are reading this Agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.

  30. TLDs

      The following additional provisions apply to any domain names that you register through Tucows with the various registries:

      • (a).com/net domains: In the case of a “.com” or “.net” registration, the following terms and conditions will apply:

        • (i)Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification.

      • (b).org domains: In the case of a “.org” registration, the following terms and conditions will apply:

        • (i)Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification.

      • (c).info domains: In the case of a “.info” registration, the following terms and conditions will apply:

        • (i)Registrant's Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant's personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract.
        • (ii)Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry. These policies are subject to modification.
        • (iii)Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.

      • (d).biz domains. In the case of a “.biz” registration, the following terms and conditions will apply:

        • (i).biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

          • (A)to exchange goods, services, or property of any kind;
          • (B)in the ordinary course of business; or
          • (C)to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business.

          For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm

        • (ii)Selection of a Domain Name. You represent that:

          • (A)the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;
          • (B)to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
          • (C)that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
          • (D)the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;
          • (E)you have the authority to enter into this Registration Agreement; and
          • (F)the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.

        • (iii)Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following:

          • (A)your full name;
          • (B)your postal address;
          • (C)your e-mail address;
          • (D)your voice telephone number;
          • (E)your fax number (if applicable);
          • (F)the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
          • (G)the IP addresses of the primary nameserver and any secondary nameserver for the domain name;
          • (H)the corresponding names of the primary and secondary nameservers;
          • (I)the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and
          • (J)any remark concerning the domain name that should appear in the WHOIS directory.
          • (K)You agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.

        • (iv)Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

          • (A)The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy”), available at: http://www.icann.org/dndr/udrp/policy.htm;
          • (B)The Restrictions Dispute Resolution Criteria and Rules (“RDRP”), available at: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm;

          (collectively, the “Dispute Policies”).

        • (v)The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.
        • (vi)The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
      • (e) .name domains. In the case of a “.name” registration, the following terms and conditions will apply:
        • (i).name Restrictions. Registrations in the .name top-level domain must constitute an individual's “Personal Name”. For purposes of the .name restrictions (the “Restrictions”), a “Personal Name” is a person's legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

        • (ii).name Representations. As a .name domain name registrant, you hereby represent that:

          • (A)the registered domain name or second level domain (“SLD”) e-mail address is your Personal Name.
          • (B)the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all of the information provided correct, current and complete,
          • (C)to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
          • (D)that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
          • (E)the registration satisfies the Eligibility Requirements found at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; and
          • (F)you have the authority to enter into this Registration Agreement.

        • (iii)E-mail Forwarding Services. The Services for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding. You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and e-mail usage. This includes, but is not limited to the Acceptable Use Policy, available at http://www.nic.name/downloads/aup.pdf as well as the following restrictions. Without prejudice to the foregoing, you undertake not to use e-mail forwarding:

          • (A)to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
          • (B)to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
          • (C)to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or
          • (D)for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.
        • (iv)Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry's e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.
        • (v)You understand and agree that Registry may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail forwarding in a way that contravenes this Agreement. You will be given prior warning of discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is threatened in any way, or if you are in breach of this Agreement. On discontinuing e-mail forwarding, Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.
        • (vi)You understand and agree that to the extent either we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding, either we and/or Registry will do so in accordance with such requirement and without notice to you.

        • (vii)Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the dispute policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://resellers.tucows.com/opensrs/legal. Please take the time to familiarize yourself with this policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.

          • (A)the Eligibility Requirements (the “Eligibility Requirements”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
          • (B)the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and
          • (C)the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), available at: http://www.icann.org/dndr/udrp/policy.htm.
        • (viii)The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service make rights in that character's Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names.
        • (ix)The ERDRP applies to challenges to (i) registered domain names and SLD e-mail address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations (as defined by the Registry) within .name.
        • (x)The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than the Registry or Tucows over the registration and use of an Internet domain name registered by a Registrant.

        You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

        You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.

        We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

        We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

  31. Acceptance of Agreement

      You acknowledge that you have read this agreement and agree to all it's Terms and Conditions. You have independently evaluated the desirability of the service and are not relying on any representation agreement, guarantee or statement other than as set forth in this agreement.

iSERVE .NZ Domain Names Terms & Conditions

• These terms and conditions apply to customers who purchased .nz domain names through iSERVE, a company that Orcon acquired in 2009.

  Terms and Conditions Governing the Provision of Services by iSERVE

  All domain name registrations, renewals and other domain name maintenance services provided by iSERVE are governed by the following terms and conditions. If you agree with these terms and conditions then scroll to the bottom of this page and click the “I Agree” button. If you do not agree with these terms and conditions then you should simply close this window.

  1. iSERVE Obligations

     We agree that we will:

     • 1.1comply with all .nz policies and accurately represent these to you;
     • 1.2disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
     • 1.3comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
     • 1.4subject to clause 16, process any new .nz domain name registrations with the registry within 1 hour from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9 am - 6 pm Monday-Friday, and otherwise within 2 hours;
     • 1.5notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;

     • 1.6where requested:

       • (a)arrange for correction of any error in the information in the register about any domain name registered in your name; and
       • (b)provided that such request is made within 5 days of the registration of a domain name by you, correct any error made by you in the domain name itself or cancel the domain name's registration;
     • 1.7provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
     • 1.8use your personal information only as authorised by you;
     • 1.9take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
     • 1.10comply with any order of any authority having jurisdiction regarding any domain name registered to you; and
     • 1.11use our reasonable endeavours to deal with any complaints you may have about the services we provide for you.

  2. Your Obligations

     You agree that you will:

     • 2.1comply with all .nz policies. You agree that you have read and understood the current .nz policies and warrant that your application for a domain name or request for other services pursuant to this agreement does not breach any .nz policy. You acknowledge that we have no control over any requirements that may be imposed by the .nz policies and that the applicable New Zealand policy setting bodies may change the .nz policies from time to time without consulting either of us and that you shall be bound by any such changes;

     • 2.2make sure all information you give us is true, accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement. You acknowledge that we may decline or be unable to register or renew a domain name, cancel a currently registered domain name or decline to provide you with other services where the information provided by you is incomplete, incorrect or otherwise unacceptable to us. You further acknowledge that:

       • (a)any spelling or other mistakes with a domain name cannot be amended unless brought to our attention within 5 days of the domain names registration;
       • (b)outside this 5 day period changes to the details relating to a domain name may be changed but not the domain name itself; and
       • (c)we shall not be liable to refund any fees paid by you in respect of any domain name registered with any spelling or other mistakes;
     • 2.3keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
     • 2.4satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
     • 2.5ensure that you only use our services for a lawful purpose;
     • 2.6ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
     • 2.7ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
     • 2.8protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
     • 2.9Duties of Other Persons - You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.

  3. Registration of a Domain Name

     When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:

     • 3.1that the following information becomes available to any member of the public:

       • (a)your name;
       • (b)your contact details; and
       • (c)the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
     • 3.2the domain name is registered in your name only because no other person has it according to the records of the register; and
     • 3.3neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
     • 3.4that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

  4. Register is the Record

     • 4.1For all purposes the details shown in the register shall be treated as correct and the authoritative record.

  5. Payment of Fees

     • 5.1You agree to pay for the services we provide for you.
     • 5.2If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
     • 5.3We may alter our fees from time to time or institute new fees at any time, for any reason, at our sole discretion. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
     • 5.4Our usual fees are for domain name registration and renewal. We may also charge for any other services provided to you by us, including any programming or configuration requirements outside of the scope of standard registration, change of name holder etc. We will tell you before any additional charge is incurred.
     • 5.5Our prices are stated in New Zealand dollars and include GST.
     • 5.6If you do not pay our charges for a domain name that has been registered or renewed we may refer any such amounts owed by you to a debt collection agency and you shall be responsible for payment of all charges that may be incurred in the recovery of such unpaid amounts; and
     • 5.7We may at our discretion charge you interest on all overdue amounts at the rate of 18% per annum, compounding daily.
     • 5.8All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.
     • 5.9Your domain name application, renewal application, or registrar transfer request will not be submitted to the registry unless we receive actual payment of the registration, renewal, or transfer fee, or reasonable assurance of payment of the registration, renewal, or transfer fee from some other entity (such reasonable assurance as determined by iSERVE in its sole discretion). In any case, we may in our sole discretion register or renew a domain name for a period less than that for which you may have applied pending receipt of cleared funds from you for such services. Subsequent to the receipt of cleared funds we will amend the register so that the registration or renewal is for the full term.
     • 5.10The registrant contact for any domain name you register will be notified (by email) 45 days before a renewal fee is due. Reminders will also be sent (by email) 15 days and 7 days prior to renewal. The renewal notification will contain a link to a payment page where your domain name can be renewed. Failure to renew a domain name you have registered will result in the domain name being cancelled. This will cause any email and website hosting services for that domain name to cease operating.
     • 5.11Cancelled domain names will be held for a period of 90 days. During this 90 day period you can reinstate the domain name by paying any outstanding renewal fees. If you do not reinstate a cancelled domain name within the 90 period then the domain name will be returned to the pool of available names for public registration.

  6. Suspension and Refusal to Supply Services

     • 6.1If you do not pay our charges for a domain name registered to you we may:

       • (a)cancel registration of that domain name; or
       • (b)change the delegation associated with that domain name to prevent it being visible in the DNS; or
       • (c)refuse to provide a service you request.

  7. Cancellation of a Domain Name

     • 7.1If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
     • 7.2If we are going to cancel the registration of a domain name registered to you because the information provided by you is incomplete, incorrect or otherwise unacceptable to us, we will give you fourteen days notice before we initiate action to cancel that domain name, except where doing so would result in iSERVE incurring additional charges from third parties, in which case iSERVE shall be entitled to cancel the registration of the domain name prior to incurring such charges.

  8. Exclusion of Liability

     • 8.1To the extent permitted by law we exclude all liability, (including without limitation, any liability for direct, indirect or consequential loss or damage that may arise from any breach or failure by iSERVE to perform its obligations under this agreement or any negligent acts of iSERVE) we may have to you for any claim except where we have acted in bad faith.

     • 8.2This exclusion also applies for the benefit of:

       • (a)InternetNZ, the registry and any other entity we are in any business relationship with;
       • (b)every officer, employee, contractor, agent of us or any entity in clause 8.1; and
       • (c)a nyone else we get to perform our duties under any agreement you have with us.
     • 8.3None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
     • 8.4This exclusion applies whatever you are claiming for and in whatever way liability might arise.
     • 8.5This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and, subject to clause 17, does not limit any rights you may have under the Consumer Guarantees Act 1993.

  9. Limitation of our Liability

     • 9.1We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.
     • 9.2Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the total amount of the fees incurred by you during the last calendar month in which fees were incurred by you under this agreement.

  10. Law and Jurisdiction Applying to this Agreement

      • 10.1Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise.

      • 10.2To the extent legally permitted:

        • (a)all our services are provided under New Zealand law;
        • (b)any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
        • (c)except as otherwise stated, you may take action against us only in a New Zealand court;
        • (d)where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.

  11. Cancelling the Agreement

      • 11.1We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
      • 11.2We may end the agreement for any other reason by giving you one month's notice.

  12. More Than One Person

      • 12.1You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourselves that you have permitted those persons to act for you.

  13. Each Clause Separately Binding

      • 13.1Each clause of the agreement you have with us is separately binding.
      • 13.2If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.

  14. Rights and Responsibilities that Continue

      • 14.1The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4 - 10, 12 – 13, 21 and this clause 14.

  15. Implied Terms

      • 15.1Subject to clause 15.2 and clause 17, and only to the extent permitted by law, any term, condition or warranty that would otherwise be implied into this agreement is excluded.
      • 15.2Where legislation implies in this agreement any term, condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this agreement.

  16. Force Majeure

      • 16.1We shall not be liable for any delay or failure to perform our obligations under to this agreement if such delay is due to Force Majeure.
      • 16.2For the avoidance of doubt, we cannot guarantee that due to circumstances beyond our control any particular domain name that you apply for will be assigned to you. In the event that a domain that you apply for registration is not processed successfully, we will refund all fees charged.

  17. Consumer Guarantees Act 1993

      • 17.1If you are acquiring our services for the purposes of a business or use our services for such purpose then you agree, to the extent legally permitted, that your rights in respect of the services or this agreement are limited to the rights expressly stated in this agreement. By way of example only, if you are registering a domain name for business purposes you will not have the remedies available under the Consumer Guarantees Act 1993 ( New Zealand ) for the services we provide under this agreement.

  18. No Assignment

      • 18.1You cannot assign this agreement.

  19. Rights, Powers and Remedies Cumulative

      • 19.1The rights, powers and remedies provided in this agreement are cumulative with and are not exclusive of any rights, powers or remedies at law or in equity unless specifically stated otherwise.

  20. Alterations to this Agreement

      • 20.1We may alter or remove existing clauses of this agreement or add new ones. Alterations may be in the nature of completely new clauses. We can do this without the need to obtain your consent or the consent of any person acting on your behalf. Before we make any alterations, we will notify you by e-mail of these and the changes shall come into effect one month later.

  21. Privity Extended

      • 21.1Certain provisions of this agreement, including without limitation the provisions of clauses 8 and 9 of this agreement, are also for the benefit of, and are intended to be enforceable under the Contracts (Privity) Act 1982 by, the parties specified in clause 8.

  22. Definitions

      In this agreement except where the context requires otherwise:

      • “domain name” means an alphanumeric string which resolves to Internet resources as detailed in RFC 1034;

      • “Force Majeure” means a circumstance beyond the reasonable control of iSERVE Limited which results in iSERVE Limited being unable to observe or perform on time an obligation under this agreement. Such circumstances shall include but shall not be limited to:

        • (a) acts of God, lightning strikes, earthquakes, floods, storms, explosions, fires and any natural disaster;
        • (b) acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution;
        • (c) strikes, equipment or systems failure or maintenance; and
        • (d) any delay, failure or interruption (whether planned or unplanned) of any services to be provided to or being provided to iSERVE Limited by the registry or any other third party.
      • “the Internet” means a confederation of regional and local networks based on TCP/IP;
      • “notify” means communicate in writing (including by e-mail);
      • “.nz domain name” means any domain name which ends in .nz;
      • “.nz policies” means all standards, policies, procedures, technical specifications, rules and practices issued by InternetNZ for the management of .nz domain name space and published on it's website from time to time;
      • “person” includes any non-personal legal entity or groups whether incorporated or not;
      • “register” means the database of information about the nz domain name space and which is the authoritative repository for the creation of the primary zone files for the .nz country code;
      • “registrant” means a person that is allocated a domain name registered to them within the .nz domain name space;
      • “registry” means New Zealand Domain Name Registry Limited (trading as .nz Registry Services) its delegates or such other organisation, that holds, operates and manages the register, including the transfer to the zone files;
      • “services” means anything we do or arrange for you;
      • “we”, “our” or “us” means iSERVE Limited, an authorised registrar within the .nz domain name space; and
      • “you” or “your” means you, a registrant, being the party applying for the registration, renewal or otherwise of a domain name pursuant to this agreement.

iSERVE Server Hosting Acceptable Use Policy (AUP)

• Customers using iSERVE Server Hosting Services may be suspended or terminated for violation of this AUP in accordance with iSERVE Server Hosting Standard Terms and Conditions. Customer is solely responsible for breaches of this policy by Customer or anyone using Customers iSERVE Server Hosting Services, whether authorised by Customer or not.

  1. Internet Abuse

     Customer may not use iSERVEs network to engage in illegal, abusive, or irresponsible behaviour, including:

     • 1.1Unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to iSERVE and its customers) without express authorisation of the owner of the system or network;
     • 1.2Monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
     • 1.3Interference with service to any user of the iSERVE or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
     • 1.4Use of an Internet account or computer without the owners authorisation, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
     • 1.5Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting; or
     • 1.6Any conduct that is likely to result in retaliation against the iSERVE network or website, or iSERVEs employees or other agents, including engaging in behaviour that results in any server being the target of a denial of service attack (DoS).

  2. Security

     • 2.1Customer must take reasonable security precautions in light of Customers use of iSERVE Server Hosting Services. Customer is solely responsible for any breaches of security affecting the iSERVE Server Hosting Services under Customers control. Customer must protect the confidentiality of Customers password(s) and Customer should change Customers password(s) periodically.
     • 2.2A compromised server is potentially disruptive to iSERVEs network and other customers. Therefore iSERVE may take Customers server off line if it is accessed or manipulated by any third party without Customers consent.

  3. Bulk or Commercial Email

     • 3.1Customer must comply with the laws and regulations applicable to bulk or commercial email including but not limited to all of the guidelines outlined in the most recent version of The Marketing Association of New Zealand Standards for Email Use (see http://www.marketing.org.nz/cms/lib/63.pdf).
     • 3.2These policies apply to messages sent using iSERVE Server Hosting Services or to messages sent from any network by Customer or any person on Customers behalf that directly or indirectly refer the recipient to a site hosted via iSERVE Server Hosting Services.
     • 3.3In addition, Customer may not use a third party email solution that does not practice similar procedures for all its customers.
     • 3.4iSERVE may test and otherwise monitor Customers compliance with its requirements set out in this clause, including requesting opt-in information from a random sample of Customers list at any time provided that iSERVE shall be obliged to treat such information as confidential and not use it for any purposes other than to monitor Customers compliance with the requirements.

  4. Newsgroup, Chat Forums, Other Networks

     • 4.1Customer must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which Customer participates, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.
     • 4.2Customer must comply with the rules of any other network Customer accesses or participates in using iSERVE Server Hosting Services.

  5. Offensive Content

     • 5.1Customer may not publish or transmit via iSERVEs network and equipment any content that iSERVE reasonably believes:

       • 5.1.1Constitutes child pornography;
       • 5.1.2Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
       • 5.1.3Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
       • 5.1.4Is defamatory or violates a persons privacy;
       • 5.1.5Creates a risk to a persons safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
       • 5.1.6Improperly exposes trade secrets or other confidential or proprietary information of another person;
       • 5.1.7Is intended to assist others in defeating technical copyright protections;
       • 5.1.8Clearly infringes on another persons trade or service mark, patent or other property right;
       • 5.1.9Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
       • 5.1.10Is otherwise illegal or solicits conduct that is illegal under laws applicable to Customer or to iSERVE; or
       • 5.1.11Is otherwise malicious, fraudulent, or may result in retaliation against iSERVE by offended viewers.
     • 5.2Content published or transmitted via iSERVEs network or equipment includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on the Internet.

  6. Copyrighted Material

     • 6.1Customer may not use iSERVEs network or equipment to download, publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

       • 6.1.1Customer has been expressly authorised by the owner of the copyright for the work to copy the work in that manner; or
       • 6.1.2Customer is otherwise permitted by established New Zealand copyright law to copy the work in that manner.
     • 6.2iSERVE may terminate Customers iSERVE Server Hosting Services for repeat copyright infringement.

  7. Vulnerable Systems

     • 7.1iSERVE reserves the right, without prior notice, to perform vulnerability tests on systems residing on its IP address range, which may be allocated for Customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying for the purposes of ensuring a secure and quality network service for all iSERVE customers.

     • 7.2iSERVE will employ all reasonable efforts to ensure that such testing:

       • 7.2.1Will be non-intrusive in nature; and
       • 7.2.2Will not adversely affect services provided to Customer or compromise the security of Customer's network.
     • 7.3The Customer is responsible for correcting any system vulnerability upon notification and must terminate operations of a known compromised system as soon as reasonably practicable.

  8. Co-Operating with Investigations and Legal Proceedings

     • 8.1iSERVE may, without notice to Customer, provide any information, including Confidential Information, it has about Customer or any of its customers or end users in response to a formal request from a law enforcement or regulatory agency or a formal request in a civil action that on its face meets the requirements for such a request.

  9. Other

     • 9.1Customer must have valid and current information on file with Customers domain name registrar for any domain hosted on the iSERVE network.
     • 9.2Customer may only use IP addresses assigned to Customer by iSERVE in connection with iSERVE Server Hosting Services.
     • 9.3Customer may not take any action which directly or indirectly results in iSERVE IP space being listed in any of the various abuse databases.

  10. Consequences of AUP Violation

      • 10.1iSERVE may without notice to Customer, suspend iSERVE Server Hosting Services or remove any content transmitted via iSERVE Server Hosting Services if it discovers facts that lead it to reasonably believe iSERVE Server Hosting Services are being used in violation of this AUP.
      • 10.2Customer must cooperate with iSERVEs reasonable investigation of any suspected violation of the AUP.
      • 10.3iSERVE will make all reasonable attempts to contact Customer prior to suspension of network access to iSERVE Server Hosting Services, however prior notification is not assured.
      • 10.4Customer is responsible for the use of iSERVE Server Hosting Services in violation of this AUP, including use by Customers clients and including unauthorised use, excluding any use by iSERVE.

      • 10.5Where it is determined that Customer is in breach of this AUP, iSERVE may charge Customer its hourly rate for security breach services (currently NZ$250.00) plus the cost of equipment and material needed to:

        • 10.5.1Investigate or otherwise respond to any suspected violation of this AUP;
        • 10.5.2Remedy any harm caused to iSERVE or any of its customers by the use of Customers service in breach of this AUP;
        • 10.5.3Respond to complaints relating to Customers breach of this AUP; and
        • 10.5.4Have iSERVEs Internet Protocol numbers removed from any blacklist such as SPEWs or other abuse databases, where those listings arise through Customers breach of this AUP.

  11. Amendments to AUP

      • 11.1.1The Internet is still evolving and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP in accordance with iSERVE Server Hosting Standard Terms and Conditions to further detail or describe reasonable restrictions on Customers use of iSERVE Server Hosting Services.

  12. Third Party Complaint Process

      • 12.1If you wish to notify iSERVE of a potential breach of this AUP please send an email to .(JavaScript must be enabled to view this email address).
      • 12.2iSERVE will review such communication as quickly as possible and take action as deemed appropriate by iSERVE.

      • 12.3Copyright Infringement Notice. If you believe that your copyright is being infringed by Customer or other person using the iSERVE network, please send your written notice of copyright infringement to:

        • iSERVE Limited
        • P O Box 47-020
        • Wellington 5143
        • New Zealand
        • .(JavaScript must be enabled to view this email address)
        • Your notice must include the following:
        
        
        • 12.3.1A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
        • 12.3.2Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
        • 12.3.3Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit iSERVE to locate the material;
        • 12.3.4Information reasonably sufficient to permit iSERVE to contact you, such as an address, telephone number and, if available, an email address;
        • 12.3.5A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, the copyright owners agent, or the law;
        • 12.3.6A statement that the information in the notification is accurate, and under penalty of perjury that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

  13. Disclaimer

      • 13.1iSERVE is under no duty, and does not by this AUP undertake a duty, to monitor or police iSERVEs customers activities and disclaims any responsibility for any misuse of the iSERVE network.
      • 13.2iSERVE disclaims any obligation to any entity which has not entered into an agreement with iSERVE for services.

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