Terms of Service

Any terms on the sign on form that you sign, should be read in conjunction with these terms of service and together these comprise your entire service access agreement contract with us.

Please read these terms and conditions (“terms”) carefully before using THEPACIFIC.NET LIMITED services

You agree to be bound by these terms, and to use our services in compliance with these terms, our fair & acceptable use policy and any other policies and agreements we may establish from time to time.

If you do not agree to these terms and conditions, including any future revisions, you may not use our services.

1. DEFINITIONS

In this agreement, the following words and phrases shall have the following means unless the context clearly indicates otherwise:

“thepacific.net”, “TPNet” “TPN” “We” “Ours” “Us” means THEPACIFIC.NET LIMITED;

“Customer” means an individual or individuals, company or organization who has entered into the agreement with thepacific.net;

“Agreement” means any written agreement between thepacific.net and the customer who has entered into the agreement for provision of Services and equipment and shall include the Terms and Conditions.

“Equipment” means all equipment and software provided to you by thepacific.net in order to provide the Services;

“Services” means the internet and telecommunications services as specified in the Agreement between thepacific.net and yourself;

“Voice over Internet Protocol” or “VoIP” means a phone service provided via fibre or fixed wireless connection;

“Consumer” includes: (a) the customer who enters into an Agreement to receive VOIP service; and (b) a person who ordinarily resides at the premises where the VOIP service is supplied.

“Terms and conditions” means the terms and conditions contained in this document;

2. SERVICES

thepacific.net provides its services, as they may exist from time to time (“Service”) to users who pay for these services.

2.1 thepacific.net shall provide the Services to you with reasonable care and skill. thepacific.net shall make best endeavors that the Services are reliable and are of a high standard although does not guarantee that the Services will be continuous or fault free.

2.2 After an Agreement has been entered into by the parties, thepacific.net shall as soon as reasonably practical, arrange for the installation of Equipment at your specified site. It is your responsibility at your own expense to secure and maintain all necessary approvals and consents for the installation of the Equipment at your site, and for the right of access for thepacific.net or their agent to install and maintain the Equipment supplied by thepacific.net.

2.3 thepacific.net shall be entitled at any time to alter, at its own expense, the mechanism or method that Services are provided as long as any such alteration shall not, diminish, impinge or otherwise.

3. VoIP (Phone) SERVICES

3.1 VoIP services require a power supply in your home and so should not be relied upon for emergencies. If you do make a 111 call then it may connect but the operator will not know your physical location so you will need to tell them.

3.2 If there is a power cut at your home then your VoIP phone, Cordless Phones, and many medical alarms will not work. This is of particular concern for vulnerable consumers.

3.3 If you don’t have an alternative way to contact 111 in the event of a power cut then you can apply to us if you are at particular risk of needing to call emergency services for known medical conditions, personal safety or disability reasons and meet the definition of a vulnerable consumer. Your vulnerability may be permanent or temporary. If you qualify, we are required to work with you to provide you with a means to call 111 emergency services at no cost to you.

3.4 If you believe that you fall into the vulnerable consumer category then you need to complete the linked application form and your risk will need to be supported with evidence from a suitably qualified person. This information may also be supplied by alternative means if you are unable to complete the form. You may contact our office on 03 5439094 to discuss or complete the Application Form To Be Considered To Be A Vulnerable Customer.

3.5 Based on the evidence provided we will make a decision within 10 working days on your status as a vulnerable consumer.

3.6 There is a disputes process if you disagree with our conclusion. A dispute may be referred to the Telecommunications Dispute Resolution service at tdr.org.nz industry dispute resolution scheme or the Commerce Commission for resolution.

4. REGISTRATION REQUIREMENTS

4.1 The minimum age to register for these Services is 18.

4.2 We need to be provided with accurate and complete information, including your legal name, physical address where our connection is located, telephone number during business hours, and postal billing information. You must report to us all changes to this information within 30 days of the change.

4.3 You are responsible for all charges to your account until you terminate your account pursuant to Section 12.

5. FEES

5.1 Fees for recurring services are payable monthly in advance.

5.2 We reserve the right to change prices and institute new fees at any time upon thirty (30) day’s prior notice, which may be given by email.

6. USE OF THE SERVICE

6.1 All equipment supplied during the installation to achieve a connection to our services remains our property, including, but not limited to, all cables, aerials, E-Boxes and the CPE, (Customer Premises Equipment – the equipment we provide to enable your service).

6.2 The equipment is not to be removed or tampered with in anyway without our express written permission

6.3 The customer must not deface, obliterate or remove any label or mark which identifies the ownership of the Equipment; or do any other act which may adversely affect or prejudice our ownership rights of the equipment.

6.4 If the equipment is at risk the customer must contact thepacific.net immediately, to prevent damage, or further damage to the equipment.

6.5 You agree to supply at your sole cost electricity sufficient to operate the equipment. To ensure that the Services continue when electricity is unavailable, we strongly recommends you obtain an uninterrupted power supply (UPS) unit.

6.6 You shall be liable for any loss (including by fire or theft), or damage caused to the Equipment. It is your responsibility to effect insurance cover if you elect to do so, against potential liability under this clause.

6.7 The point of demarcation for the install is the “Router” or “Power injector”. All additional costs incurred i.e. network cabling, network cards, I.T. support (configuration) are the responsibility of the customer.

6.8 We do not accept any liability for damage done to the customer’s equipment or network.

6.9 If our service provision to you is adversely affected by equipment installed within your property, by people who are not TPN staff, then you may be charged for all costs incurred by us to identify and remedy the issue.

6.10 You agree that we have the right upon reasonable notice, during the term of the Agreement, to enter your specified site in order to maintain, replace or repossess the equipment or where we have reasonable grounds to believe, that you are not complying with your obligations under the Agreement.

7. ACCEPTABLE USE POLICY

7.1 You must use our service in a fair, reasonable and responsible manner and in accordance with standard etiquette for internet users.

7.2 We can at our sole and absolute discretion, choose to manage your connection; disconnect you for a period of time; or terminate your service if we consider that your use of our internet access service has been excessive, unreasonable or has breached this Fair and Acceptable Use Policy.

You agree not to use the Internet services or attempt to use or allow the Internet services to be used:

• in any way that is unlawful, is offensive or interferes with another customer’s enjoyment of services or in any way that harasses, menaces or stalks people.
• be involved in material which is unlawful, abusive, obscene, or defamatory.
• to gain or attempt to gain unauthorised access to any computer systems or in a manner which infringes the rights of any other person.
• in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is thepacific.net’s or anyone else’s).
• to access or use our or anyone else’s systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data.
• to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than the originator.

8. MONITORING THE SERVICE

Reported monitoring of a customer’s service will only be provided if requested in writing by the current account holder, and subject to a monitoring fee or compelled by legislation.

9. NO WARRANTIES

9.1 You assume full responsibility and risk for use of the Service and the Internet. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. thepacific.net does not warrant that the Services will be uninterrupted or error-free or that any information, software, or other material accessible via the Service is free of viruses, or other harmful components. thepacific.net MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH THEPACIFIC.NET OR ON THE INTERNET GENERALLY. No advice or information given by thepacific.net or its representatives shall create a warranty.

thepacific.net and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Service of the Internet including any indirect, incidental, exemplary, multiple, special, punitive or consequential damages.

9.2 The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you or others accessing the Service through your account. thepacific.net has no control over and accepts no responsibility for such materials. All content accessed by the customer, through the Service, is accessed and used by you at your own risk, and thepacific.net, its affiliates, subcontractors, employees and agents, shall not be liable for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by you. thepacific.net specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service. You are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of merchandise provided through the Service or on the Internet.

9.3 This risk of eavesdropping exists on the Internet and other services to which access is provided by thepacific.net as part of the Service. Any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by you or to you is sent at your sole risk, and thepacific.net, its affiliates, subcontractors, employees or agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions.

10. YOUR REMEDIES

10.1 If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, then your sole and exclusive remedy is to terminate your account with thepacific.net and this Agreement by one of the methods outlined in Section 11 and discontinue using the Service.

10.2 Our cumulative liability to you for any and all claims relating to the Service shall not exceed the total amount of the Service owed to us. UNDER NO CIRCUMSTANCES ARE WE OR OUR EMPLOYEES, AFFILIATES, OR CONTRACTORS LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF YOUR ACCOUNT OR THE SERVICE. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach, or if any limited warranty or limited remedy fails of its essential purpose.

11. TERM OF AGREEMENT

This agreement is binding upon the person/people/company who signs it, from the date the “service” is provisioned, until such time as both parties terminate the contract. Note that if the account is terminated due to unpaid invoices the customer is still liable for the amount owing, plus any fees or interest incurred while obtaining the outstanding balance. This includes legal fees.

12. TERMINATION OF ACCOUNT

12.1 During the first 30 days after activation, if you are not completely satisfied with the Service, you may cancel your service and receive a full refund for any monthly access fees and connection charges applicable (but not installation charges) if the equipment is returned to us in good condition.

12.2 You may terminate your account and this Agreement by providing notice of intent to terminate to thepacific.net by the following methods only: NZ mail (fast post) to thepacific.net P.O. Box 3232 Richmond, Nelson 7050 or email to accounts@tpnet.nz. Your termination will only be complete upon receipt of written confirmation.

12.3 You may cancel your account at any time but the actual cancellation of your account will occur at the end of the billing cycle in which we receive written notification of your desire to cancel. Fibre connections require 30 days’ notice of termination – this is a requirement of the network operator.

12.4 Without prior notice, thepacific.net may terminate this Agreement, your password, your account, or your use of the Service, for any reason, including, without limitation, if thepacific.net, in its sole discretion, believes you, or any person who has access to the Service through your account, have violated this Agreement.

12.5 Sections 5, 10, and 15 of this Agreement shall survive termination of this Agreement.

12.6 thepacific.net may provide termination notice to you by: email addressed to your email account, or by N.Z. Mail or courier service to the address registered for the Service. All notices to you shall be deemed effective thirty (30) days after they were initially sent.

13. PAYMENTS AND CHARGES

You shall pay to thepacific.net the following payments:

• any installation and connection fees specified in the Agreement;
• as standard terms of trade, invoices are payable 20 days nett from the invoice date, unless otherwise agreed;
• on demand any additional services or usage fees as specified in the Agreement or any relocation fees if any Equipment is relocated at your request to an alternate site;
• on demand, reimbursements for any costs caused by a dishonored payment from you;
• on demand, all reasonable costs incurred for the collection of any overdue debts owed by you to thepacific.net under the Agreement;
• on demand, a reconnection fee after disconnection of Services for non payment of account.

13.1 You agree to pay the payments referred to above without set-off, counterclaim or deduction.

13.2 thepacific.net may charge interest at the rate of 5% per month on any payments under the Agreement which remains unpaid after 30 days from the due date for payment.

13.3 If your account is delinquent, it may be suspended or cancelled at our sole discretion. We may charge a fee to reinstate a suspended account.

13.4 All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. If you have questions about charges to your account contact our Accounts department at +64 3 543 9094 or email accounts@tpnet.nz

14. NUMBERS, ELECTRONIC ADDRESSES & DIRECTORIES

14.1 thepacific.net may allocate phone numbers, electronic addresses and other codes to you in respect of the Services. You will not have any ownership rights in those numbers, addresses and/or codes and you may not transfer them to anyone else.

14.2 If required by law or if it is necessary to do so for operational reasons, we may change any phone number, electronic address or code allocated to you. However, thepacific.net will always give you as much notice as reasonably possible of any such change.

14.3 If you subscribe to a phone service form thepacific.net and wish your details to be available through directory assistance and/or in the phone book then at your request thepacific.net will pass your name, number and address to http://yellow.co.nz/whitepages. You agree that Whitepages can use your details for those purposes and that thepacific.net will not be responsible for any errors or omissions.

15. MISCELLANEOUS

All disputes relating to this Agreement or the Service shall be resolved by arbitration.

15.1 This Agreement shall be governed by and construed in accordance with the laws of New Zealand without regard to its conflicts of law provisions. Our failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

15.2 Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party.

16. PRIVACY

16.1 Any information collected specifically to assess an application for vulnerable consumer status will not be used for any other purpose than the determination of vulnerable consumer status, the provision of appropriate equipment to those deemed to meet the criteria for vulnerable consumers, and the monitoring of continued vulnerability for any application stated to be of a temporary nature.

You, the Customer, authorise us to use any personal information collected about you, for the purposes of:

16.2 Marketing our products and services to you, market research, credit control and debt collection (which includes logging overdue debts and/or liquidated damages owed to thepacific.net with credit reference agencies); and

16.3 Instructing employees, subcontractors and suppliers to the extent required to enable us to provide the services.