Terms & Conditions
These Terms And Conditions and our "Acceptable Use Policy" are the complete agreement between you ("the User"), and Earthlight Communications Ltd ("the ISP"). and replace any prior communications between us.
Glossary Of Terms
"the ISP" means: Earthlight Communications Ltd
- Provision of access to any kind to the Internet and the associated software, databases, data, information and all other material.
- Ancillary services including, but not limited to, reception of and transmission of data, supply and/or installation of hardware, software, electronic storage, helpdesk or consultancy services.
"GST" is the Goods and Services Tax under the Goods and Services Act 1985.
"User" includes bodies corporate or unincorporated, partnerships, trusts, local or public authorities and any other entities or combinations thereof. Where a pronoun is used in this document, it should be read to include "he", "she", "his", "her", "hers" or "its".
Notes To The Terms And Conditions
IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AT ANY TIME YOU MUST IMMEDIATELY CEASE USE OF THE SERVICES and must send notice of account cancellation in writing to the ISP. The user remains liable for any applicable charges incurred to that time. No penalty will apply to such cancellations except as otherwise specified in these Terms And Conditions.
The ISP reserves the right to modify the Terms And Conditions, the services or the fees charged for any of its services at any time. The ISP will give existing customers at least 30 days notices of any changes to its Terms And Conditions by sending an email message to their email address as recorded on file. On occasion the notice period will be shorter where events are outside of our control. For example rulings from Goverment bodies such as The Commerce Commission which have resulted in immediate price increases.
The user acknowledges that it is their responsibility to keep us updated of any change of email address and to read the updated Terms And Conditions upon receipt of such message.
The ISP's current rates and charges may be obtained from our web pages or by contacting the ISP.
Each part of these Terms And Conditions is severable from the remainder and if any part is proven illegal, void, invalid or unenforceable - the legality, effectiveness and validity and enforceability of the remainder of these Terms And Conditions still applies.
Business And Domestic Use - Consumer Guarantees Act 1993
These terms and conditions apply to both business and private use of our services. If you are not acquiring our services for purpose of a business (as defined in the Consumer Guarantees Act 1993), then the Act applies and nothing in these terms or conditions limits your rights under it.
Subscriptions And Termination
Either party may terminate the contract upon the supply of one month written notice. In the case of Broadband services a $99 disconnection fee will apply if the connection is terminated within the first twelve months following installation.
If you request cancellation, the process is considered complete upon your receipt of a confirmation from Earthlight Communications Ltd.
You must be at least 18 years old to register for this service.
The ISP reserves the right to refuse subscription to any services without giving a reason for such refusal.
Upon termination of the user's access to the services, all payments due by the user to the ISP under these Terms and Conditions will be immediately due and payable, and the user agrees that any such monies will be paid to the ISP immediately upon demand.
The provisions of the clauses "Liability" and "Business and Domestic Use - Consumer Guarantees Act 1993" shall survive termination of the user's access to services.
Use Of The Services
Phone support is included for set-up and Internet related technical problems during normal business hours.
Our service does not cover: Problems in your computer, communication equipment, your software (except for software provided by us) your phone line or any other part of the Internet not forming part of our network. In addition to this you are not covered if you use the service incorrectly or due to any other event beyond our reasonable control.
As part of its service Earthlight carries spares which can be used to troubleshoot issues. If an onsite visit is required by Earthlight it is chargeable at our normal hourly rate plus travel. If an onsite visit is required by others such as Chorus, they will also issue charges. We require you to confirm acceptance of these charges prior to visit(s) being arranged.
It is illegal to view certain types of information (notably certain types of pornographic material) in New Zealand. Users of the ISP may not break any laws while using the services. The availability of such material on the Internet is beyond the ISP's control.
Your password and connection is for use only by you and the immediate household members/company. Passwords are under your control and unauthorised use is entirely your responsibility.
However if you can produce sufficient evidence that someone has accessed your account from outside your household / company we can investigate. There is a minimum fee for this service of $50.00, which may be refunded provided the following conditions are met:
- Criminal charges can be laid on the individual that accessed your account.
- You can prove you took reasonable efforts to maintain confidentiality of your username and password.
Users are expected to check their email regularly for system news and other important notices.
Except to the extent that the Consumer Guarantees Act 1993 applies for non-business users, you agree that the ISP shall not be liable for any damages whatsoever, including but not limited to, loss of profits, for any claim made by you even though the ISP may have been notified of such damages or claim.
For any claims that you may have in connection with this agreement, your sole and exclusive remedy against us is limited to the maximum of one months charge with us.
Except as specifically outlined herin, we make no warranties or conditions, express or implied, including the implied warranties or conditions of merchantability, quality and fitness for a particular purpose relating to our service or the service of any other service provider. Further we disclaim any liability or responsibility arising from any claim that your access or use of the service or any other provider's service or products infringes any third party's intellectual property rights.
Neither party is liable to the other for failing to meet its obligations under the Agreement to the extent that the failure was caused by an act of God or other circumstance beyond its reasonable control.
Data Cap Policy
Some plans offered by Earthlight have Data Caps included. In the event the Data Cap allowed for a month is exceeded, Earthlight will make an additional charge being the difference between the Plan you are on and the next level up. We will bill up to the Unlimited Fair Use Plan level.
We encourage you to register in MyEarthlight.co.nz to track usage. MyEarthlight also offers for notifications by Text when Data Cap is close to being reached or has been exceeded.
The purpose of this policy is to avoid 'bill shock' when usage has spiked over a month.
Fair Use Policy
It is important for Earthlight customers to get the best possible experience. For this reason, to ensure the provision of a quality service, a Fair Use Policy applies to these offers where your usage can affect that of other customers. We have developed this Fair Use Policy by reference to average network user and activity and estimated use of our services.
We may issue a warning or suspend your services under this Fair Use Policy where in our reasonable opinion your use of our services is excessive and/or unreasonable by materially exceeding estimated usage patterns over any month. Where reasonable, Earthlight will provide you with 14 days notice before suspension, restriction or termination.
If, after we have requested that you stop or alter your use to come within our Fair Use Policy, your excessive or unreasonable use continues, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use; suspend, modify or restrict your use of our services or withdraw your access to the services. If we terminate your services and you have agreed to a fixed contract term, you may have to pay an applicable early termination fee. Bandwidth allocated to unlimited internet users is reviewed and increased as required, but at any time there is a fixed amount of bandwidth available.
The aim of this clause of the Fair Use Policy is to ensure that the experience of the vast majority of unlimited internet users under these offers is not compromised by extreme and unreasonable usage of a few. We will attempt to communicate with the user asking them to modify their usage. We may suggest a more suitable solution for all parties involved, or we may exercise our rights set out above.
Users must not interfere with any other user's ability to enjoy ours or any other service on the Internet by harassment or otherwise.
Users are not permitted to send multiple unsolicited email (Spam) to single or multiple users including, but not limited to, advertising email. Users are also not permitted to involve themselves in any actions that may be deemed "Hacking". Users are generally expected to obey the developing rules of Netiquette. These are general rules of good and considerate behaviour on the Internet as a world-wide community.
You agree that you have not received any warnings, had your account suspended / closed or had an account declined by any previous Internet access point you have used.
Any failure to obey these rules or if a specific complaint has been made from any person or company about your activities we will investigate (in conjunction with the police if necessary). We will then make a decision as to the severity of your actions. This may result in a warning. If we consider the breach to be sufficiently serious (at our discretion) you agree that we may disconnect your services immediately without notice or liability to you.
Charges And Billing
The ISP will regularly issue the user a tax invoice (either electronically or on paper) for use of the services.
All invoices are due within 10 days and are payable by Cheque, Credit Card or Direct Debit. Any plan changes must be made before the end of every month. The ISP reserves the right to restrict or suspend service for non-payment. Credit will not be given for periods where access to the service has been limited resulting from non-payment. Additionally - the client agrees to pay any legal, debt collection and / or processing fees should this prove necessary.
All goods that are ordered in on request from customer and then returned for credit may incurr a 15-20% restocking fee (unless faulty) plus the cost of the freight. The credit will be issued to customer upon receipt of credit from supplier less the restock and freight incurred.
Credit References And Information
The ISP may from time to time require the user to provide credit references. The user irrevocably agrees that the ISP may make any enquiries deemed necessary to provide or to continue to provide the user with credit facilities. Services may be terminated without notice if in the ISP's sole opinion the user becomes a credit risk. The user is entitled to see, and to correct, any credit information held by the ISP about the user.
During the operation of an Internet system, it is occasionally necessary to monitor information. The ISP reserves the right to monitor any traffic through the system.
Information may be recorded electronically - including but not limited to Caller ID, Duration of call, amount of data transferred and any relevant personal details.
All customer information will be kept in accordance with the New Zealand Privacy Act 1993.
Information disclosure may be made by Earthlight Communications Ltd to satisfy laws, regulations or governmental requests; to operate the Service properly; to protect itself or its members or to enhance services that we provide.
Internet Code Of Practice
This is located at http://www.internetnz.net.nz/issues/archive/other/draft-icop. The code is not maintained by Earthlight and may be subject to change. Where practicable, Earthlight will advise all customers potentially affected by any changes.
Everything is up and running with no known problems at this time.
Also... as part of routine maintenance we are cleaning up how some users access e-mail. We'll be in touch directly with people to arrange any changes. As a lot of scammers talk about updates we understand you may be concerned when we make contact. If you have any doubts, ring us and we'll be able to confirm.