Unifone Terms and Conditions
These terms and conditions govern the Services and Equipment you obtain from us.
These terms and conditions replace earlier terms and conditions we have with you for the Services and Equipment. We may change these terms from time to time. You agree to check our website and be bound by such terms as are in effect at any given time. We will notify you of any changes by posting an updated version of these terms on our website. Any change we make applies from the date it is published on our website.
Your use of our web sites, Equipment or Services shows your unconditional agreement to our terms and conditions. If we review our terms and conditions, and you continue to use our web sites, Equipment or Services after the date on which any updates are effective, this will also show your unconditional agreement to any change in our terms and conditions.
In these terms: “You” means the customer; “Unifone”, “we”, “us” and “our” refer to Unifone New Zealand Limited; the “Service” means any internet, phone and related services we provide to you and the “Equipment” means any equipment we provide to you in order to access the Services.
- The service is not for use in life support/business critical situations or similar and is provided on a best effort basis.
- Use of the service is subject to the Acceptable Use Policy below.
- Unless otherwise agreed in writing, Unifone retains ownership over all equipment that is installed or provided to operate the Service. Any equipment provided may not be used for any purpose other than to operate the Service.
- The demarcation point for Internet service is defined as the LAN ethernet port on the power injector that connects to the outdoor unit.
- The Subscriber shall be liable for any loss (including by fire) or theft of, or damage however caused to, the Unifone Equipment during the currency of this agreement. It is the Subscriber’s responsibility to effect insurance cover, if the Subscriber elects to do so, against potential liability under this clause.
- Unifone does not accept any liability or responsibility for any equipment provided by or operated by you to operate any part of the service beyond the demarcation point, including wireless access to your Internet connection.
- We are not responsible for any equipment provided by others.
- On service termination, all supplied equipment shall be removed by Unifone.
- We will provide the Services to you as set out in these terms. To access the Services you will need to obtain the necessary equipment from us.
- Unifone Services are provided on a best effort basis and while every effort is made to deliver the highest possible level of service no guarantee is provided for service availability or reliability.
- We may impose traffic prioritisation policies at any time to improve the overall performance amongst our customers. Unifone prioritises certain types of traffic such as VoIP, web and email. Other types of traffic such as peer to peer (P2P) are de-prioritised.
- We will try to restore the Service as soon as possible following any planned or unplanned suspension of Services e.g. if we need to do repairs on our network (which we will endeavour to perform at times convenient to our customers) or if our or our suppliers’ network experiences a fault and/or is damaged.
- All data rates specified are burst rates, not guaranteed speeds.
- Data plans are for unlimited data volume for interactive use, not connection speed.
- We may vary the Services from time to time or decide to stop providing a particular Service. We will try to notify you prior to making the variation and will tell you about any substitute service we have available.
- We are not responsible for failure of the Services which occur:
- as a result of a fault with anything we have not supplied to you (for example, your computer).
- because you do not use the Services correctly.
- as a result of you not updating software we provide to you.
- in the Equipment as a result of abuse or normal wear and tear.
- because of something out of our reasonable control, such as power failure or lighting strike.
- when you move or seek to use the Services outside our coverage area.
- We are not responsible for:
- ensuring the data you access or make available through the Services will be private, secure or free of anything which may damage your equipment or data.
- the content of any information you access or make available through the Services.
- Unless otherwise agreed, Invoices and notices will be sent by email to the address you have nominated. You will be deemed to have received a notice at the time the email is sent.
- The charges for internet and calling services include the standard monthly charges that are set out on our website and any other charges for additional Services you use (for example, reactivation, installation, delivery, add-on calling plans, toll calling or other charges).
- Installation will be invoiced on completion of installation and is payable within 7 days.
- Payment for the service is in advance (with the exception of call charges), with the first payment due within 7 days of installation.
- Call charges will be billed in the month following their incurrence.
- You must pay each invoice by the due date advised on the invoice. You may not withhold money you believe you do not owe us nor offset sums that we owe you.
- If you do not pay a bill by the due date, we may suspend or restrict services until all due payments are made, we may bill a $15 late penalty fee, or may terminate the services.
- Network charges will still apply during the period of any suspension.
- Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in this Agreement shall be paid by the Customer, including any reasonable legal fees or debt collection agency fees.
- Acceptable Use Policy
Unifone’s Acceptable Use Policy sets out our rules regarding acceptable use of Unifone Services, including email, broadband internet access and any other products or services offered by us. Unifone reserves the right to update and/or make changes to its Acceptable Use Policy by posting an updated version of the Policy on our website. You will also comply with any reasonable restrictions we impose or directions we give regarding the use of our Services.As a user of Unifone Services you agree that you will not:
- Conduct any business or activity or solicit the performance of any activity which is prohibited by law
- send unsolicited emails or other electronic communications, including promotions and/or advertising, chain letters, pyramid scheme letters, bulk email or similar.
- adversely affect any communications network, equipment, software or data including without limitation by means of introducing a virus, worm, Trojan horse, denial of service attack, flooding, spamming or similar.
- violate or compromise the security and integrity of all or any part of the Unifone network, or attempt to do same.
- infringe the intellectual property rights of any person or organisation.
- defame or slander another person.
- Post, transmit, publish or distribute any unlawful, threatening, offensive, abusive, defamatory, or material of any kind which may be defined by the Department of Internal Affairs as restricted or objectionable.
- Attempt to gain access to any computer system, information, or resources without the authorisation of the relevant owner.
Your use of our website or subscription to the Services shows your consent to our collection, use and disclosure of personal information in the manner set out below. This information may include, among other information, your name, address, email address, telephone number and information on how you use our products and services.You authorise us to collect any personal information provided by or concerning you or your use of the Services. The information may be obtained from you and others or from within the equipment used to provide the Services. This information may also include the recording of calls between you and Unifone representatives. You may decide whether to provide any information to us. If you do not provide the information, we may not be able to provide the Services to you. We will only use the information, and share it with our contractors, agents, other network providers and business partners for the purposes of:
- providing the Services to you
- undertaking credit checks, sending you invoices and recovering money you owe us
- managing the network efficiently.
- improving customer services.
- carrying out market and product analysis.
- exercising any lawful right any of us has.
- assisting you to use other services provided by us in conjunction with other network operators (for example, 0900 and service calls).
We may also, if we believe necessary, provide information about you to law enforcement authorities. You may ask to see information we hold about you, and for any details that are wrong to be corrected.
Unifone is required to disclose to emergency services (police, fire, and ambulance) your phone and fax numbers, address and other contact details as required. Please ensure you promptly advise us of any changes to your address or other contact details, so that we may keep our records up to date for these purposes. We will display your phone or fax number to the recipient of any phone call you make unless you request us not to. If you would like to make such a request please contact customer services. Your number may still be displayed to us, emergency services or other services.
- Your Responsibilities
It is your responsibility to:
- comply with all terms and conditions set forth under these terms and conditions.
- pay for the Services and any other amounts payable under these Terms in full by the due date.
- ensure that information you give us is correct and kept up to date e.g. inform us when you change address.
- manage, save and delete your own messages when you use the Unifone voice mail service.
- keep your billing number, login ID, password or other security data confidential, private and secure at all times.
- not resell the Services to others.
- ensure that your use of the Services complies with all applicable laws
- immediately report any misuse of your account or disclosure of your security data.
- immediately advise us where any Equipment is lost stolen or damaged.
- make sure everyone who you permit to access Services via your account also complies with these responsibilities.
- ensure that any additional wiring or equipment in your home, such as alarm systems, does not interfere with any part of the Unifone network.
Note that certain breaches of our Terms and Conditions (including the Acceptable Use Policy) may also result in civil or criminal liability. We may investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Unifone Terms and Conditions, revised on 30 June 2011