Orcon Terms and Conditions

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.

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. 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.
  • 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 by passing on this information to 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
    • 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/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/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.

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.

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

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.

Orcon Rural Broadband Terms and Conditions

• 1. These terms and conditions apply to all Orcon customers who receive the Rural Broadband service.
• 
  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).
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  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 broadband.
• 
  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. 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.
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  7. 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).
• 
  8. Rural Broadband usage charges are recorded in your Orcon bill.
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  9. If you want Rural Broadband transferred to a new telephone line or location you will have to pay connection and installation fees.
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  10. 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.
• 
  11. 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.
• 
  12. Megabyte usage is based on the amount of data transferred through your Rural Broadband connection (both uploading and downloading).
• 
  13. 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.
• 
  14. Rural Broadband can only be used on a computer that meets certain minimum system requirements.
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  15. 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.
• 
  16. The access speeds for Rural Broadband plans are estimates only. Actual speeds may vary.
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  17. The Rural Broadband usage meter is available for you to check on your megabyte usage in the "My Account" section of the Orcon website.
• 
  18. 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.
• 
  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.

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.

Orcon+ 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 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 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 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 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 (see Orcon Terms and Conditions).

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 of 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

  • 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. Ancillary 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. Calling plans

  • 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 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.
  • 13.5 There is a one monthly billing cycle minimum term on all Orcon plans.
  • 13.6 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.
  • 13.7 National Calling Zone is a plan which allows for aa