NZSEAL Internet Services Ltd ("service provider") and also refered to as ("we")("us") provides Internet based services to you as a registered user ("You") pursuant to these terms and conditions. By using NZSEAL you are accepting and will be bound by the following Terms and Conditions. To gain maximum benefit from use of NZSEAL services and as an authorised user, it is important for you to carefully read these Terms and Conditions. NZSEAL reserves the right to refuse to give you subscription to any service without giving a reason for such refusal.
1. Business and Residential Use 1.1These terms and conditions apply to both business and private use of our services. If you are not acquiring our services for the purposes of a business (as defined in the Consumer Guarantees Act 1993) then the Act applies and nothing in these terms and conditions limits your rights under it.
2. How it Works 2.1 We agree to provide Internet access to you through our host computers and telecommunications equipment but only on the following basis:
We will make genuine and commercially reasonable efforts to make the services you have subscribed for available to you 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible. But if in spite of those efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you. We explain what this means in the section entitled "Limits on our Liability".
The reasons for these limits on our service levels are because:
We do not own or control all the facilities and communication lines necessary for access, and therefore, we cannot guarantee that the service will be uninterrupted or error free.
We will make genuine efforts to provide you with help desk service during our normal office hours Monday to Friday to assist you with connection problems.
3. Your Obligation to Us 3.1 In return for access to our service, you agree to pay the specified subscription and other charges (as notified on the NZSEAL web pages). In particular, you agree as follows:
You will be billed on the 20th of each month. Payment is to be made either by Direct Bank Deposit or Cheque. Payment is to be received with 10 days of the date of the invoice. If the account is not paid by the due date you may be liable for penalty fees and your services may be suspended or cancelled.
3.2 If your account is overdue for a period of 2 months, your account will be closed and your details referred to our debt collection agency or credit reference agency without further notice. You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees. Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you.
3.3 You agree to give us not less than 30 days written notice that your account is no longer required. Until we receive this notice you are responsible for anything done with the services to which you have subscribed. Any charges incurred through the use of those services are payable by you whether you authorised them or not. This notice must be given regardless of whether you continue to make any use of the services or not. This notice must also be given directly from you and not through any other party, in particular it is not acceptable to assume that any new internet provider will advise us of your intention to close your account.
4. Refunds 4.1 Our refund policy is as follows:
At our discretion, if we consider that you have received poor service from us, we may provide a credit to you. The level of credit given is at the discretion of NZSEAL and will not exceed the value of the current months subscription of the applicable service.
4.2 Should you cancel any service with NZSEAL for any reason we will not provide refunds or credit for any unused portion of your subcription.
5. Your Use of our Services 5.1 We provide Internet based services. We do not own or control the various sites or offerings available through the Internet or the facilities and information lines through which access is provided. In using our services you agree to the following:
5.2 You will maintain the security of your accounts and password. You agree to change your password when we request you to do so.
5.3 As we do not own or control all of the various facilities and communication lines through which access may be provided to you, we are not responsible for security.
5.4 You agree not to use the service to breach anyone elses rights or to break the law. This also includes without the owner's clear permission, using our services to download or transfer any copyright programs, files, picture, trade names, trade marks or brands, moving images (such as cartoons, films or videos) or sound or music, or anything else owned by someone else.
5.5 You agree that you will not cause or help to cause the security or integrity of this or any other linked computer system to be compromised whether by way of hacking, introducing harmful code or in any other way.
5.6 You agree to be a responsible citizen of the Internet. This means that you must respect the privacy of other Internet users. You agree that any messages you post to the Internet such as to news groups or Internet Relay Chat (IRC) will be posted only to discussion topic areas and not for advertising purposes.
If you do not comply with this requirement you will be immediately disconnected from our service without warning. You agree to pay us upon demand any costs or losses incurred by us as a result of your using our service in those ways.
If you do not follow these rules and we are sued or suffer loss you agree that we can recover our costs and losses directly from you upon demand.
6. Email 6.1 Our email service is important to you and our other subscribers. As a condition of your use of our email service you agree as follows:
You agree to remove your email from our mail server promptly and to keep the total space used by your mailbox on our system below 50 megabytes. We have the right to remove email data in excess of 50 megabytes left by you on our mail server. If you have not made a special arrangement with us, we will not be liable for any loss of data because of your failure to "housekeep" your email.
You are solely responsible for keeping any backups of your email. NZSEAL does not guarantee that your email will be retained on our server for any specific period of time and does not guarantee that any backups of your email will be available.
As email delivery is dependant on other parties and systems over which we have no control NZSEAL cannot guarantee the delivery of any email message and will not be liable for any losses of any nature that may be incurred due to failure of an email message to be sent or recieved.
You agree not to send multiple, unsolicited email (SPAM or UCE), to single or multiple users whether or not this is for business purposes.
6.2 You agree to obey the developing rules of Netiquette. These are the general rules of good and considerate behaviour on the Internet as a world wide and open community. Any failure to obey these rules will result in a warning. If we consider the breach sufficiently serious (at our discretion) you agree that we may disconnect your service without liability to you.
6.3 Email enables a rapid, immediate and wide-spread response. You must not use the email service for communication which is defamatory or contrary to generally accepted community standards of behaviour or good taste. While we do not intend to be a censor, we have the right, at our discretion, to decide what those standards are and to review your use of our services at any time and to disconnect you if we consider that you have breached these standards.
If you defame anyone through your use of the email service and we are sued, you agree that we have the right to recover all costs and losses incurred by us as a result of your action from you directly upon demand.
6.4 In regard to our SPAM filtering and/or Virus scanning, we can not guarantee to intercept all Spam or viruses or any other malicious software, and NZSEAL cannot give any warranty in that respect. The only way to get 100% protection is to leave your computer turned off!
NZSEAL Internet Services Ltd shall not be liable for any losses, claims, damages and expenses arising from the use of our email service. You should still have a policy of running Anti Virus software on your individual and network computers.
7. Other Services - Home Page, Web Site Hosting, Telehoused Services, Permanent Internet Line 7.1 Our services are important to you and our other subscribers. These services may be Internet access, home page, web site hosting, domain name, telehoused servers, permanent radio or ethernet connection, ADSL Broadband etc. As a condition of your use of these services in part or whole you agree as follows:
You agree to keep your usage below the subscribed level. Failure to do so will result in additional charges.
If you have not made a special arrangement with us, we will not be liable for any loss of data because of your failure to backup your subscribed service.
7.2 You agree not to use the services to breach anyone elses rights or to break the law. This also includes without the owner's clear permission, publishing information, or the transfer to and from your your subcribed service of any copyright programs, files, picture, trade names, trade marks or brands, moving images (such as cartoons, films or videos) or sound or music, or anything else owned by someone else.
If you defame anyone through your use of these services and we are sued, you agree that we have the right to recover all costs and losses incurred by us as a result of your action from you directly upon demand.
8. Confidentiality 8.1 We each agree that the Internet is a medium which lacks consistent security and confidentiality and we have the right to check your use of the system.
We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that your use of our services is not confidential. If we consider in our discretion that your use of our services is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person including the news media and the police.
8.2 We can check your use of the system for the purposes of ensuring that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.
9. Use of Personal Information 9.1 If you are an individual, when you complete your application for our services you authorise us and our agents to collect information about you and hold it at our head office. We may use this information for statistical analysis and to provide services to you and for marketing, private development and research purposes. You authorise us and our agents to supply and disclose personal information as to your credit- worthiness. Personal information about you may be used to enable us, our agents and third parties selected by us to access, maintain, investigate or market products or services.
9.2 Under the provisions of the Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing which includes email. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred.
10. Notification 10.1 We can change or remove any of these terms and conditions at any time. These changes include alterations to our pricing structure.
10.2 We can terminate any of the services that you have subscribed for without notice or liability to you if you breach these terms and conditions.
11. Limits on our Liability 11.1 By using our services you do so at your sole risk. We do not warrant that our service will be uninterrupted or error-free. We do not make any warranties as to the results to be obtained from the service or information or the experiences you have with the Internet which is a matter of your own assessment given its unique nature. We distribute our service on an "as is" basis without warranties of any kind, either expressed or implied.
11.2 We are not liable to you, whether in contract or tort or under any other legal principle, for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription.
If you are using our services for personal, household or domestic use, this limitation may not apply to you and you have the rights and remedies available under the Consumer Guarantees Act 1993.