General Terms and Conditions
General Terms and Conditions
1.These terms and conditions
These General Terms and Conditions apply to you if you are a business or residential telecommunications customer of Orcon’s phoneline and broadband services. Additional service terms and conditions will apply and can be found on the Orcon website. Any promotional or special offers will have additional terms and conditions. You will also be bound by the specific terms of each Orcon service plan chosen by you and these can be found on the Orcon website. 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. For the avoidance of doubt, these Terms and Conditions do not apply to you if you have executed a separate Master Services Agreement with Orcon. In these terms and conditions “Orcon”, “we” or “us” refers to Orcon 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 10 days notice and where possible one month’s notice before making any material changes by sending you an email to your preferred contact email address telling you about the changes and explaining their general nature.
3. Charges and changes to plans
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 19 19 19.
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. If you change your Plan it is your responsibility to check whether any specific terms and conditions apply to such new plan. If you request a Plan change, such change will not take effect until the commencement of the next Orcon billing cycle.
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. Method(s) of payment will be set out in your invoice. Please ensure that you keep your email account password secure as the invoice will contain details of all your Orcon calling and broadband activity.
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.
3.6 We reserve the right to impose a credit limit on your account at any time. You agree that any credit limit imposed by us may be changed at our discretion with immediate effect. If at any time you exceed this credit limit, we will be entitled to suspend our supply of the services to you.
3.7 As part of the conditions of providing you with services we may require a Credit Card or Direct Debit as a payment method, this payment method must remain on your account during the period we are providing you with this service. You can contact Orcon credit services to amend your payment method at any time.
If your account remains unpaid we will attempt to draw down on your payment method Credit Card or Direct Debit throughout the month.
4. Credit References
4.1. We may require you to provide credit references and other credit information from time to time and you authorise us to check your credit status with credit reference agency Dun & Bradstreet. 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 at our discretion. Subject to applicable privacy laws, we do not have disclose the reasons for our decision.
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. Your Responsibilities
5.1. 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 any form of virus
· use Orcon services for lawful purposes only and to follow any instructions we give you
· not use our services in any way or act in any way which may be abusive, offensive or a nuisance to someone else, including us or any of our agents;
· ensure that any wireless network set up at your premises is secure. You will be liable for any charges incurred as a result of a third party obtaining unauthorized access to your wireless network
· 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
· comply with our Acceptable Use Policy, which can be viewed at our website at http://www.orcon.net.nz and any of our other policies which apply to a particular service
5.2. 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. Further, we reserve the right to remove any material from our servers which we consider to breach the terms of this agreement or any law.
5.3. 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.
6. Email services
6.1 If you have an existing Orcon email mailbox, this will be free of charge if you have an active Orcon broadband or dial up connection. An email mailbox charge may apply if there is no internet connection on your Orcon account.
6.2 You are responsible for downloading to your computer any email that you wish to keep. You are also responsible for ensuring your mailbox does not reach or exceed its allocated storage limit. Once mailbox storage allocation is reached, receiving emails will be impacted. We may without notice to you remove any email that remains on our servers for more than 90 days.
6.3 Orcon will archive inactive mailboxes after 6 months and delete unused mailboxes after 12 months. An active email mailbox is defined as accessing the email mailbox by POP, IMAP or Webmail at least once every 6 months. For avoidance of doubt, forwarding email from primary mailbox to another email address is not deemed as accessing your email mailbox3
6.4 You must not transmit any worms or viruses or use our services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else’s network. We may limit the quantity and size of email to protect our network and customer experience.
6.5 You must use our service in a reasonable and responsible manner and any email abuse is strictly prohibited, including;
a) Sending multiple unsolicited emails ("spam") to single or multiple users including advertising emails.
b) Forging email or USENET posting header information.
6.6 To prevent SPAM we may limit or disable access to your email mailbox outside of New Zealand.
6.7 Orcon is not liable for any losses incurred as a result of inability to access email, deleted email or undelivered email.
7.1. 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.
7.2. We may monitor or record calls to customer services for training purposes, to improve service quality and to aid in dispute resolution.
7.3. 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.
7.4. You agree that we can collect information about you (such as your 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.
7.5 We may provide your personal information to third party network operators where we have arrangements with such operators for the provision of our services or where your number is being transferred to/from such an operator or for the purposes of investigating an alleged fraud or other offence.
7.6 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.
7.7 We may be obliged to provide your personal information to a public sector agency if that agency requests such information for its investigations.
7.8 Credit reporting practices
7.8.1 From 28 February 2015, Orcon will be supplying its customer’s credit information to accredited credit reporting agency Dun & Bradstreet on a monthly basis. This information may be held by the credit reporting agency by up to two years. This is part of the changes to the credit reporting privacy code, which came into effect 1 April 2012.
7.8.2 Orcon will share the following with accredited credit reporting agencies: information to ensure that those agencies are able to accurately identify individuals, information about an individual’s credit accounts (such as type of accounts and amount of credit), information relating to the circumstances of any credit default, and information about credit non-compliance action.
7.8.3 Customers’ rights in relation to their credit information are set out in schedule 4 of the credit reporting privacy code. For more information, visit the Office of the Privacy Commissioner’s website www.privacy.org.nz/credit-reporting-privacy-code
8. Ending the Agreement
8.1 You may terminate the agreement by calling the Orcon Help Desk (Residential Customers 0800 13 14 15 and Business Customers 0800 19 19 19) and the agreement will end one month after notice period has been given.
8.2 If your services are provided under a fixed term contract, you may have to pay an early disconnection fee, details of which can be found on our website at http://www.orcon.net.nz. You may also be liable for charges in relation to any equipment that has been provided to you by Orcon for the use of Orcon services. For services where there is no fixed contract term, or where the fixed term has expired, your service may be terminated by either of us, on giving the other one month’s notice.
8.3. In addition to our rights under clause 8.2 above, we may terminate our agreement with you immediately without notifying you 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 also suspend or terminate our agreement with you without notifying you in advance where:
· your use of our services is unusual
· you are, or are likely to become, insolvent or bankrupt or a receiver or manager is appointed over any of you assets or a resolution for liquidation is proposed or passed in respect of you
· the Orcon services are not available to you (for any reason)
8.4. 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.
8.5. 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.
8.6 Certain rights and obligations will continue after the termination of this agreement. These include, but are not limited to, the payment of outstanding amounts and the return of any Orcon equipment you may have.
8.7. 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.
8.8. 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.
9.1. 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, adverse weather conditions or any other circumstance (including a network failure) 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.
9.2. Orcon excludes all liability we may have to you or anyone claiming through you whether in contract, tort, equity or otherwise relating to any indirect or consequential loss, damage or expense of any kind whatsoever arising under or in respect of this Agreement including, without limitation, any economic loss, loss of use, loss of profits, loss of income, or increased or alternative costs, however caused. 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).
9.3. 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.
9.4. For the avoidance of doubt, Orcon shall not be liable to you for any indirect or consequential loss, damage or expense of any kind whatsoever arising under or in respect of this Agreement. This includes, without limitation, any economic loss, loss of use, loss of profits, loss of income, or increased or alternative costs, however caused.
9.5. Except as specifically outlined herein, we make no warranties in relation to our service or the service of any other service provider (including that the services will be continuous or fault-free at all times) 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.
9.6 You agree that if the services you acquire under this agreement are for the purposes of a business then the Consumer Guarantees Act 1993 does not apply.
10.1. If you have a complaint concerning any aspect of your use of Orcon services you should email us by using the Online Feedback form which can be found on our website.
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.
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.
11.4. 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.
13.1. 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. 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.
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 Any failure or delay by us in enforcing any provision of our Terms and Conditions will not be deemed to be a waiver of our rights with respect to that provision or any other provision of our terms and conditions.
13.6 We may appoint subcontractors to discharge any of our obligations under our Terms and Conditions provided that we will at all times remain primarily labile to you for those subcontractors’ acts and omissions.
13.7. These General Terms and Conditions together with any terms and conditions relating to specific services or promotions (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.
Acceptable Use Policies
ORCON ACCEPTABLE USE POLICY
This Acceptable Use Policy applies to anyone who accesses our website, or is a customer of any of our services. If you are a customer of our services, you agree to comply to this Acceptable Use Policy and to any other policies which apply to those particular services.
In this Acceptable Use Policy, "Orcon", "we" and "us" refers to Orcon Limited, and "you" refers to the person who accesses our website or subscribes to any of our services.
We may at any stage change this Acceptable Use Policy or any other policies which apply to particular services. We will notify you of any such changes by posting an updated version of the relevant policy on our website. Any changes will apply from when they are first posted on the website.
1. SYSTEM ABUSE
1.1 Any abuse of our systems ("system abuse") is strictly prohibited. System abuse includes (but is not limited to) the following actions:
· 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 our Internet systems or the Internet at large (ie "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, or abusing any general system resources.
· Port scanning or investigating network configuration without the permission of the individual or company involved.
· Harassing another person, whether through language, frequency, or size of messages.
· Sending multiple unsolicited emails ("spam") to single or multiple users including advertising emails.
· Forwarding or posting "chain letters" (multiple forwarding) of any type.
· Adding or attempting to add addresses to any mailing list without the express consent of the relevant addressees (in breach of the Privacy Act 1993 or the Unsolicited Commercial Electronic Messages Act 2007).
· 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.
· Introducing 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.
· Creating or using 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, for example posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
· Posting messages on our website that use inappropriate language or expressions of bigotry or hatred.
· Attempting to cancel, supersede, or otherwise interfere with any email or USENET posts that is not your own.
· Using an account with another provider to promote an Orcon website in an abusive manner.
· Reselling Orcon services to third parties that do not abide by these guidelines.
1.2 If we consider that you have engaged in system abuse, we may (at our discretion) take all or any the following actions:
· warn you about your actions;
· terminate, suspend or make changes to your service;
· charge you for the costs we incur in relation to your system abuse;
· pass on information concerning your activities to any relevant authorities.
If we terminate your services as a result of your system abuse, we will not be liable for any loss, damage or expenses that you suffer as a result.
2. YOUR RESPONSIBILITIES
2.1 You are responsible for all your activities while using our services, and for any content or material you post on our website.
2.2 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.
2.3 You are responsible for what you view over the Internet, and for what your children view. Some content on the Internet is suitable only for adults and not for children.
3. THIRD PARTY COMPLAINT PROCEDURE
If any person wishes to notify us of a potential breach of this Acceptable Use Policy, that person should do so by sending an email to email@example.com. Any such email should include that person's name and address and full details of the potential breach. We will review the potential breach as soon as practicable and take any action that we deem is appropriate in the circumstances.
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.
Orcon use Remarketing with Google Analytics to advertise online.
Third-party vendors, including Google, may show Orcon's ads on sites across the Internet.
Orcon and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to Orcon's website.
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.