If you are a residential Orcon Homeline customer, the terms and conditions set out below will govern your use of the Orcon homeline services, and the contractual relationship between us in addition to the Orcon Residential General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our Website.
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 Additional charges may be incurred depending on the status of your current connection and you will be responsible for the payment of such charges.
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 and portability
3.1 Any telephone number we or another telecommunication provider assigns to you will not be your property. You may port the number to another telecommunications service provider by contacting the provider to whom you wish to port such number. Orcon will comply with its obligations under the Local and Mobile Number Portability Terms in relation to porting. You will be liable for any costs associated with transferring your service to another provider.
3.2 We may change any number we have allocated and will give you reasonable notice of this. We will not be liable for any costs you incur as a result of such change. If you would like to change your telephone number please call Orcon on 0800 13 14 15.
4. Other suppliers and other supplier products
4.1 You are responsible for your relationship with any other supplier providing telecommunications services to you.
4.2 If you use the product of another service provider on the Orcon network (for example, a teleconferencing service from another provider on your Orcon homeline) you may be charged for use of such product at a fee greater than that charged by the third party provider to its customers.
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 wiring or equipment at your premises, such as alarm systems, do 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 any telephone directory and for the directory assistance service by default. You agree that in relation to directory listings and 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 telephone directory or directory assistance, or you require special types of listings please contact Orcon on 0800 13 14 15. Any arrangement you make in relation to such listings however, will be an agreement between you and the directory services provider.
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 premises which are covered by the service.
This service covers:
· Telephone sockets and wiring which meet and are installed to our specifications
· Wiring inside your premises, but not external wiring to another building on your premises or from your premises to the network
· 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 premises.
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.
9.4 You may be liable to pay the relevant call out fee if you cancel a booking for a technician to visit your premises
10. Ancilliary Services
10.1 Orcon supports call waiting, call minder and caller display services. If you switch to Orcon, services which are provided by your 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.
10.2 Some Orcon Plans will offer a call forwarding service. All calls that are forwarded under this service will incur call charges in the same way as if you had made an outbound phone call to the number being forwarded to. e.g. if you forward your number to a mobile phone, standard landline to mobile charges will apply.
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, it is your responsibility to let us know so we do not disconnect your phone line.
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 You must be an Orcon Homeline customer to obtain Orcon Tolls service.
12.5 There is a one monthly billing cycle minimum term on all Orcon homeline plans.
12.6 The international capped calling component of your Plan is for calls to direct dial landlines in the relevant country only and does 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. You can do this by using the “Calling Rates Lookup” on the Orcon website.
12.7 Calling bundles to national and international landlines are for calls of up to one hour's duration after which Orcon toll rates will apply. Calling to landlines is defined as residential landlines and does not include special service numbers. Orcon retains the right to with draw the product from end users who exceed reasonable consumer calling usage.
13. CALLER ID
If your Orcon Plan includes our Caller ID product with your Homeline, we will provide this service on the landline you specify. Please note that for technical reasons, unfortunately Orcon cannot guarantee that the Caller ID product will always be available to you. For most incoming calls, Caller ID will display the phone number of the person calling you however your telephone and/or wall socket need to be compatible in order to receive the Caller ID Service. Some incoming calls will not display the number for example where a call is made from a line which has an unlisted number or from a pay phone or another service provider’s network. If you intend to collect or use any calling information provided by the Caller ID product you must comply with the Privacy Act 1993. You agree that you intend to use Caller ID to help identify the calling party, and tocall back a phone number displayed or stored on telephone. You will ensure that everyone using your phone, or the numbers displayed on your display screen, understands and meets these responsibilities.
If you are a residential Orcon Broadband customer, the terms and conditions set out below will govern your use of the Orcon broadband services, and the contractual relationship between us in addition to the Orcon Residential General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our Website.
1. Availability AND CONNECTION 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, broadband will not be available in your area for technical reasons such as the distance of your premises from an exchange. Further, 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.
1.3 If you are a new Orcon customer you will need a standard broadband connection to receive Orcon Broadband.
1.4 You may require connection and wiring services at your premises if you have numerous jack points or any device which also utilizes the telephone line such as a monitored alarm or Sky TV. This will incur a charge as an accredited technician will need to visit your premises in order to get your broadband working.
2. Speed and Quality of Service
2.1 Any reference to the data speeds refers to the maximum possible connection speed. Your actual speed depends on a number of factors and we cannot guarantee that you will achieve a maximum connection speed. See our website for further details including the factors that affect your connection speed. Any control we have over data speed is limited to our network and we make no representations in relation to your speed when connecting to servers outside the Orcon network.
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.
2.4 The quality of the data you send or receive via Orcon broadband may be affected by various factors including the configuration of our network, the use of the internet, or the configuration of the devices used in sending and/or receiving such data.
3.1 While Orcon will do everything it can to help you with any problems you experience with your Orcon broadband, in some circumstances, Orcon may not be able to provide support in relation to your particular operating system. Further, 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, 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 however you may be charged a fee for reconnection of your services. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption.
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.
5.1 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. Services and Usage
6.1 In the event that we cancel your Broadband, a reconnection fee may apply if you wish to reinstate your services.
6.2 If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance at the rates set out on our website at http://www.orcon.net.nz Addit.ional data is charged on a per GB basis and you will be charged the full per GB rate for any part of the GB you use. All usage (both upstream and downstream) is counted towards the monthly usage allowance limit for the plan you choose.
6.3 Some older Orcon plans provided for a fixed data allowance and no overage. If you are still on one of these plans e.g. Zeroshock, if you exceed your monthly data allowance your connection speed will be reduced to a maximum of dial-up speed once you reach your monthly data allowance. All usage (both upstream and downstream) is counted towards the monthly usage allowance limit for the plan you choose.
6.4 Your Orcon Broadband Services have free virus and spam filtering on them which are designed to prevent virus or spam from being forwarded to the recipient. Despite this, Orcon cannot guarantee that spam or viruses will not reach the recipient. 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 and Orcon recommends you install current anti-virus software on your computer.
7.1 If in the unlikely event that you decide to leave Orcon within twelve months, you will have to return the Orcon Single Port Modem if you have received one from us. If the modem is not returned, you will be charged $50 (or such other amount as set out on our website) to recover the cost of this device.
7.2 Your use of the Orcon HomeHub is governed by the HomeHub terms and conditions which can be found on the Orcon Website.
7.3 Orcon Modem hardware – You must pay the freight charges for the dispatch of the modem to the location specified by you when you sign up for Orcon services. You do not have the option to pick up the modem yourself.
8. Unlimited Plans
Customers on unlimited data plans are assigned to a separate “pool” of bandwidth. This is to ensure that usage by unlimited data plan customers does not affect the speed of other customers. Orcon has based the size of this pool on estimated data usage by customers. If customers on unlimited plans download data in excess of Orcon’s estimates then all customers on unlimited plans may see download/upload speeds drop temporarily.
Under its Fair Use Policy Orcon has the right to restrict, suspend or terminate a customer’s account should Orcon consider usage to be excessive. Please ensure you read the Fair Use Policy carefully.
1.1. If you are a residential Orcon Dial Up customer, the terms and conditions set out below will govern your use of the Orcon dial up services, and the contractual relationship between us in addition to the Orcon General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our Website.
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. 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.
3.1 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. There will be a penalty for having simultaneous logins. The amount payable by you is $225 (including GST) per simultaneous login per occurrence (or such other amount as determined by Orcon in its sole discretion).
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.
5.1 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.
6.1 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.
7.1 Statements made by us about the speed of our service are best effort and not guarantees. Orcon will cannot guarantee data speed, sustained connections or a fault free service.
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.
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.
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.
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.
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.
Customer Premise Equipment or CPE means the equipment supplied to you by Orcon into which the Orcon service terminates at your 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 terms and conditions;
(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 Help Desk 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.
3. 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.
4. Orcon does not provide any warranty as to the level of performance of the CPE or your wireless network 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.
5. 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.
6. 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.
7. You are responsible for installing the CPE at your premises. You must install the CPE in accordance with the installation guide provided by Orcon. If you encounter any problems installing the CPE, please contact us. Orcon is not responsible for the reliability or availability of your wireless network and and is unable to provide you with support in this regard, Orcon strongly recommends the use of a WPA key to avoid unauthorised users accessing the network. Orcon is not liable for any loss suffered by you as a result of unauthorised access to your wireless network.
8. If you have a fault with the CPE please contact us. All claims in relation to the CPE are covered by the warranty, if any, offered by the manufacturer. 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.
9. 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.
10. 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.
11. 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.
12. Orcon may at any time in its absolute discretion require that you exchange any CPE for any new equipment provided or specified by Orcon. 13. We shall not be liable to you for any loss or damage arising out of any loss of data.