Plain Communications - Internet Connections Terms of Trade

Plain Communications Limited - Internet Connection Agreement

PARTIES:

Plain Communications Limited (the Supplier)
Account Holder (the Subscriber)
The Supplier agrees to provide the Subscriber with access to the Internet and/or other electronic networking services as subscribed to by the Subscriber on the terms and conditions set out below.
Interpretation

Announcements Page refers to the Web page where announcements about current charges and service disruptions are made http://www.plain.co.nz/announce/.
Acceptable Use Policy - means Plain Communications' acceptable use policy as described from time to time at http://www.plain.co.nz/policy/.
"Point of delivery" is the point at which the Supplier's network service terminates at your premises. This does not include any aspect of your modem, network or router equipment, and does not include your cabling.
Subscriber Obligations
1. 4.1 As a Subscriber you agree to:
  1. Observe Acceptable Use Policy in relation to the service/s.
  2. Pay the specified subscription and other charges (as notified on the Announcements Page) for the services to which you subscribe and pay any connection fees, technician time and line test charges that are raised on your account resulting from any works undertaken for you by the Supplier or Supplier's agent, as required especially for installation and repair of this service, and in particular relation to the interconnection and ongoing operation of service to your particular Broadband point of delivery.
  3. Pay all charges incurred by the accounts you have subscribed to, within seven days of receipt of invoice or prior to the date due specified on any accompanying statement from the Supplier. Services will normally be suspended if you have failed to pay outstanding amounts after a further request for payment or subsequent invoice or statement has been issued. You agree to pay the reconnection fee for service restoration after suspension. Where you are not taking advantage of service that has nonetheless in the Supplier's assessment been consistently made available to the point of delivery, you will still be charged and you agree to pay for the service subscription and fees for the whole period.
  4. Inform the Supplier in writing giving a-30-day notice, that your account is no longer required. You agree that until this is done, you are responsible for anything done with the services to which you have subscribed, and any charges incurred through the use of those services are payable by you.
  5. Be responsible for the security of your account(s). YOU MUST KEEP YOUR PASSWORD CONFIDENTIAL. You agree to change your password(s) when requested to do so by the Supplier. The Subscriber is at all times responsible for any use of the account(s).
  6. Notify the Supplier immediately if the account password is disclosed to any third party, or if he becomes aware of, or suspects, any irregular account activity.
  7. Properly notify the Supplier of any change of address or contact details as soon as new details are confirmed. Where the Supplier has not received new details, the existing contact information will be deemed sufficient for issuance of account statements, invoices and notices.
  8. Remove your email from the mail server as soon as is reasonably possible to keep the space used by your files on the system below five megabytes per mailbox or such other quota for which you have specifically subscribed. More space may be used if a special arrangement is made with the Supplier in advance. We reserve the right to remove email data in excess of five megabytes per mailbox or such other quota for which you have specifically subscribed left on the mail server if such prior arrangements have not been made.
2. 4.2 As a Subscriber you agree to observe the laws of New Zealand and not use the services for any illegal or unlawful act including but not limited to the following:
  1. Use of the account to transfer any illegal material, and by so doing violate any applicable laws of the particular country.
  2. Use of the account to access, or attempt to access, computers illegally or without permission, or in any way cause or help to cause the security or integrity of the Supplier's, or any other system, to be compromised;
  3. Distribution of copyrighted material without the permission of the copyright holder.
  4. Violation of import/export restrictions of any country when transferring material.
  5. Posting of commercial advertisements anywhere on the Internet, except in places on Internet specifically intended for that purpose.
  6. Posting or otherwise publishing any messages that are defamatory or that contravene the Human Rights Act or other applicable legislation.
3. As a Subscriber you agree to fully indemnify the Supplier for any and all costs, and/or liabilities that the Supplier may incur as a result of a breach, or attempted breach, by you or your agents of clauses 4.1(a)-(h), and 4.2 herein.
Supplier's Obligations
1. 5.1. The Supplier agrees to use its best efforts to provide access to subscribers. All care and effort will be made to see that access is available 24 hours a day PROVIDED HOWEVER that the system will be taken off-line occasionally during low peak traffic for system maintenance.
2. 5.2. On occurrence of a system failure, the Supplier will take all reasonable measures to restore the services offered.
3. 5.3. The Supplier will monitor the system and take all reasonable precautions to ensure system security.
4. 5.4. To the best of its ability the Supplier shall ensure that all electronic mail is delivered.
Exclusion Of Liability
1. 6.1. The Supplier does NOT WARRANT that access will be without interruption or errors.
2. 6.2. The Supplier (including its suppliers and resellers) SHALL NOT BE LIABLE to the Subscriber or any third party for any indirect, special, incidental or consequential damages of any character, including, but not limited to, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages, even if the Supplier shall have been informed of the possibility of such damages or for any claim by any other party.
3. 6.3. The Supplier is not required to provide technical support of software or hardware not obtained from the Supplier, and only provides technical support for Subscriber equipment, network use, and connectivity issues at its own discretion and within the standard hours of support desk operation.
4. 6.4. The Supplier is NOT responsible for compatibility issues between third party software and hardware and Internet software supplied by the Supplier.
5. 6.5. The Supplier is not required to provide software for Internet connection or use.
Supplier's Rights
1. 7.1. The Supplier reserves the right to:
  1. Refuse any subscription without question.
  2. Terminate a user account for violation of the conditions of the Supply Agreement or for serious or persistent violation of the “Acceptable Use Policy” as described above.
  3. Charge for reconfiguring a subscriber's account.
  4. Delete the Subscriber's email if it is not removed from the Supplier's server after six months duration.
Access Charges
1. 8.1. The Supplier reserves the right to change access charges from time to time.
2. 8.2. Access charges do not include connection software. Software that is provided by the Supplier to enable access, remains the property of the software owners. The Subscriber is responsible for any fees or donations payable to the software owner(s).
Payment & Collections
1. 9.1. Where ongoing monthly payments are by credit card, the Subscriber expressly authorises the Supplier to hold credit card details and lodge payment authorisation requests in respect of the ongoing monthly charges.
2. 9.2. Should payment on any fees invoiced to you by the Supplier become overdue then a late payment fee shall by payable by you. The late payment fee will be either the minimum late payment fee or the percentage of the overdue sum, whichever is greater. The minimum late payment fee will be that listed in the Supplier's schedule of charges at http://www.plain.co.nz/terms/ if so listed and otherwise this is $6. The percentage of the overdue sum will also be listed in the Supplier's schedule of charges or 2% of the overdue sum.
3. 9.3. Should any overdue debt be rightfully referred to a collection agency, then the agency fee will be recoverable in full from the Subscriber.
Term
1. 10.1. The Subscriber may terminate this agreement at any time by giving a-30-day notice of termination in writing.
2. 10.2. The Supplier may terminate this agreement immediately, if the Subscriber is in breach of the terms and conditions of supply.
Amendments
1. 11.1. The Supplier may amend this agreement by giving a-30-day notice of new terms and conditions. The updated version will be a World Wide Web document present at: http://www.plain.co.nz/terms/
Notices
1. 12.1. Written notice shall include email, fax, Web Site Notice and/or surface mail to the last known address of the other party. Notices shall be deemed to have been received two (2) days after posting.
Law
1. 13.1. This agreement shall be governed by New Zealand