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Standard Residential Terms and Conditions NZ

1. Internet Company of New Zealand Limited (ICONZ) - Standard Residential Terms and Conditions

a. ICONZ shall:

i. use reasonable commercial efforts to provide and maintain, or cause a relevant Third-Party Service Provider to provide and maintain, the Service from the Commencement Date; and

ii. If specified in the Service Specification, provide You or Designated Users with User IDs and Passwords for the first-time use of the Service.

b. You acknowledge and agree that:

i. ICONZ shall have the right, at any time, to perform a credit reference check and/or trade reference check with respect to Your circumstances or status, whether financial or otherwise.

ii. the internetworking communications through the Service are not secure and may be subject to interception or loss of data and that You are responsible for Your network security;

iii. ICONZ does not guarantee or warrant that Your existing equipment, hardware or software is compatible with the Service, the Software or the Equipment;

iv. the provision of access to the Service is subject to the reconfiguration of Your computer system and the installation of the relevant hardware and software;

v. any improper use of the Equipment, incompatibility of hardware and software or other technical factors may affect, or cause the cessation of, access to the Service; and

vi. unless otherwise specified expressly in the Service Specification, the Service provided by ICONZ shall not include (i) any service to reconfigure Your computer system, hardware or software or (ii) any installation service of any software or hardware on Your computer systems.

2. Your Responsibilities

a. You must:

i. not reproduce, distribute, copy, download, transmit or otherwise exploit any Content which is protected by Intellectual Property Rights or similar rights unless You own or control the relevant rights or have obtained all the requisite licences and approvals;

ii. not interfere with, disrupt, hack, break into or access any part of the Service, Internet Corporate Solution’s Content, or any data areas on Internet Corporate Solution’s or any Third-Party Service Provider’s computer server(s) for which You have not been authorised by ICONZ in writing;

iii. not use any part of the Service for any obscene, offensive, improper, immoral, defamatory, indecent, abusive, menacing or unlawful purpose or for any unsolicited advertising messages or promotions nor allow others to do so.

iv. advise ICONZ promptly if there is a change in the Data already furnished to it;

v. bring the terms and conditions of the Service Agreement to the notice of each Designated User. You shall be responsible for all use of the Service by each Designated User and shall indemnify ICONZ in respect of all such use;

vi. use the Services for lawful purposes only and comply with all applicable laws relating to Your use of the Service.

vii. obtain and/or install at Your expense communication and computer equipment as is necessary to enable You and Your Designated Users to access the Service;

viii. comply with any operation rules, acceptable user policies and technical requirements as notified, published or adopted by ICONZ; and

ix. comply with any terms and conditions of Third-Party Service Provider(s) applicable to the access or use of the Service.

3. Variation of a Service

a. ICONZ may vary a Service Agreement at any time. Such variation will become effective 30 Days after notice of the variation to You. Continued use of that Service by You after the effective date will constitute acceptance of the variation by You.

b. Except as provided in sub-clause a, the Service Agreement may not be varied, except by agreement in writing signed by the Parties.

4. Effective Date, Service Request Date, Commencement Date and Duration

a. The Service Agreement shall become effective on the Effective Date and shall be in force until the Service Agreement is terminated (or expires pursuant to the provisions hereof.

b. Either party provides the other with thirty (30) days prior written notice of termination

c. You acknowledge that:

i. ICONZ will not be liable for any delays or for any losses, costs, damages or other expenses incurred by You directly or indirectly due to any failure to meet the Service Request date.

ii. If ICONZ is unable to adhere to a Service Request Date as a direct or indirect result of an act or omission or break of the Service Agreement by You, ICONZ may make an additional charge for time, overtime, travel, materials, extra computer time or resource rationalisation and if such act or omission or breach causes delay exceeding thirty (30) days beyond the Service Request Date, terminate the Service Agreement and pursue other remedies available under the Service Agreement or at law and/or equity including but not limited to retaining all charges already paid by You to ICONZ.

5. Charges and Deposit

a. You must pay all charges for the Services on their Payment Due Date. All charges paid to ICONZ by You shall be non-refundable under all circumstances. ICONZ reserves the right to demand payment for charges other than those specified in the Service Specification in the event that additional time and resources are reasonably utilised in order to provide the Service.

b. Unless otherwise specified in a Service Specification, all charges are inclusive of wholesale sales, value added, goods and services taxes, tariffs, duties or impositions of a similar nature imposed by any government or other authority.

c. If full payment of a charge has not been made on its Payment Due Date, ICONZ may charge interest on all sums outstanding at the rate of 2% per month on a daily basis from the Payment Due Date to the date full payment is received by ICONZ and charge You any collection and handling fees incurred by ICONZ.

d. ICONZ may invoice You in advance or in arrears on a monthly or other basis. ICONZ reserves the right to amend a billing period and to submit interim invoices to You.

e. You will be liable for all charges whether or not a Service was used by You or by any person with or without Your authority, knowledge or consent.

f. ICONZ may require You to pay a deposit or provide some other form of security in relation to Your obligations under the Service Agreement including but not limited to those relating to the Equipment and the Software. ICONZ may apply the deposit to reduce or pay any sums due to ICONZ on any account at any time. You must pay an amount equal to any shortfall of the deposit into Your account as may be required by ICONZ. No interest shall accrue on the deposit.

g. If You do not query any charge stated in an invoice within 10 Days of the date of the invoice then You will be deemed to have accepted the invoice.

h. In case of disputes over any Service usage or any part of any charge:

i. ICONZ decision based on its Service usage records and those of any third party who may assist ICONZ to provide any Service shall be final and binding on You; and

ii. You must not withhold payment of any part of any charge which is in dispute.

6. Suspension of Services

a. ICONZ may suspend, disconnect or discontinue the Service in whole or in part at any time without notice and without compensation if in ICONZ’s reasonable opinion:

i. it is necessary to safeguard the provision of a Service or the integrity of any Network;

ii. any Network or Equipment fails or requires modification or maintenance;

iii. there is or has been unauthorised, unlawful or fraudulent use of any Service or Your use of any Service or Equipment is causing or may potentially cause damage or interference to any Software, Network or Equipment or the contravention of any statutory requirement;

iv. it is necessary to comply with a direction, order or request of any government authority or other competent authority; or

v. You do not comply with any of the terms of the Service Agreement or a Third Party Agreement.

b. ICONZ may charge for reconnection or resumption of the Service and require revised terms and conditions following such suspension, disconnection or discontinuance.

7. Termination

a. ICONZ may terminate the Service Agreement or the supply of any Service (in whole or part) by giving written notice to You with immediate effect if:

i. You fail to pay ICONZ a charge by its Payment Due Date; or

ii. You are in breach of any provision of the Service Agreement or a Third Party Agreement and fail to rectify the default within 10 Days prior written notice; or

iii. You fail to comply with any reasonable requirements of ICONZ in relation to the use of the Service or any Networks within 10 Days prior written notice; or

iv. You become insolvent or bankrupt or ICONZ has reasonable cause to believe that You are unable to pay Your debts as they fall due; or

v. You, without ICONZ's written authorisation, use, modify, alter or tamper with the Network; or

vi. any of the information provided by You under or pursuant to the Service Agreement is found to be false or misleading or ICONZ has reasonable grounds to believe that such information is false, misleading or inaccurate; or

vii. ICONZ ceases to make the Networks (if applicable) or a Service or any part thereof available for any reason.

b. Upon the termination or expiration of the Service Agreement or supply of any Service (or any part thereof), all licenses, rights and privileges granted to You under the Service Agreement will cease and ICONZ may (without prejudice to any of its rights or remedies) also:

i. retain any moneys paid to ICONZ;

ii. charge a reasonable sum for work performed in respect of which work no sum has been previously charged or paid;

iii. be regarded as discharged from any further obligations under the Service Agreement or in respect of any Services; and

iv. pursue any additional or alternative remedies provided by law and/or equity.

8. Limitation of Liability

All Services under the Service Agreement are provided “as is” without any warranty or representation of any kind.

9. Miscellaneous

a. The Service Agreement supersedes all understandings or prior agreements, whether oral or written, and all representations or other communications You may have had with ICONZ for the provision of the Services.

b. You must not transfer or assign any of Your liabilities or rights under this Service Agreement to any other person without the prior written consent of ICONZ. ICONZ may appoint agents, assign, transfer and license or sub-contract the whole or any part of its rights and/or obligations contained in the Service Agreement to any person at any time.

c. ICONZ will not be liable to You in the event that it is unable to perform an obligation or provide a Service (or any part thereof) to You because of any Force Majeure, interruption or termination of a Service or ICONZ’s refusal to provide a Service pursuant to the provisions of the Service Agreement.

d. You agree to indemnify ICONZ fully and effectively against any action, liability, cost, claim, loss, damage, proceeding, expense (including without limitation, legal costs) suffered or incurred by ICONZ arising from or which is directly or indirectly related to:

i. the enforcement of the Service Agreement against You;

ii. Your use of a Service and any other persons use of a Service, including but not limited to claims for defamation, infringement of Intellectual Property Rights or other proprietary rights; and

iii. any breach or non-observance of any term of the Service Agreement and/or Third Party Agreement by You or any other persons.

e. Any notification or invoice mailed or emailed by ICONZ under this Service Agreement, addressed to You at Your business premises or last known mailing or emailing address, will be treated as having been received by You:

i. within 48 hours of posting; or

ii. on the day of personal delivery to Your address; or

iii. immediately upon faxing if the transmission report indicates that the fax transmission was successful; or

iv. immediately upon sending the e-mail.

f. No delay, neglect or forbearance by either Party in enforcing against the other any provision of this Service Agreement will be a waiver, or in any way prejudice any right, of that Party.

g. If any provision of the Service Agreement is unenforceable, the rest of the Service Agreement will remain fully enforceable.

h. This Service Agreement is governed by the laws of the Country. Each Party submits to the non-exclusive jurisdiction of the courts of the Country.

i. ICONZ may, at a minimum of 30 days' notice to you:
Change our terms and conditions from time to time ICONZ will notify you of these changes via email and post a notification on our website. It is the customers' responsibility to keep their email address current and correct and check the ICONZ Terms and Conditions web page regularly.

10. Definitions

In these terms and conditions, unless the contrary intention appears:

ICONZ means Internet Company of New Zealand Limited.

Content means textual, graphical, audio or like materials, together with any software, which can be uploaded or downloaded to or from the Web using the Service.

Content Provider means any independent third party who provides Content and/or operates services accessible by or through the Service.

Designated Users means persons nominated by You to be the authorised users of the Service, as accepted by ICONZ.

Password means any password issued by ICONZ to You or a Designated User, which enables access to the Service.

Renewal means, if indicated in the Service Specification as applicable, a new Service Specification for the Service executed by the Customer immediately upon the expiration of the Minimum Term.

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