Fibre Terms and Conditions
Fibre Terms and Conditions
ORCON UFB SERVICES TERMS AND CONDITIONS
Orcon UFB (or Fibre) Services are broadband services delivered over the new UFB network. Accordingly, the Orcon Broadband Terms and Conditions govern your use of the Orcon UFB Services together with the terms and conditions set out below. The Orcon General Terms and Conditions also apply together with all other relevant Orcon services terms and conditions which can found on the Orcon website. Orcon UFB services are available only with the Orcon Genius.
1. LFC: The Local Fibre Company (LFC) is the entity in which the New Zealand Government and a partner (eg Chorus, Northpower Fibre, UltraFast Fibre) hold shares, and through which the government’s UltraFast Broadband initiative will be effected. You consent to Orcon sharing information about you with your LFC, to the extent necessary for the provision of the Orcon UFB Services to you. No right or benefit is conferred on you by the LFC.
2. End User Terms: In accepting the Orcon UFB Services, you agree to be bound by the LFC (End User) Terms as set out on the LFC’s website from time to time. Information on your LFC can be found at http://www.crownfibre.govt.nz/crown-partners . Further, you may be required by your LFC to sign a copy of the End User Terms when its technicians visit your premises for installation.
3. Access: You hereby consent to allow Orcon and its contractors to access your premises in order to construct, install, inspect, maintain or replace any equipment installed at your premises for the provision of the Orcon UFB Services, or remove it from, your premises and you will ensure that Orcon and its representatives have safe access to your premises for these purposes.
Ownership of Premises, consent and indemnity
4. Participants in the Orcon UFB Services Trial warrant that they own the premises at which the Orcon UFB Services will be installed and will be liable for and will indemnify Orcon for any loss suffered by Orcon if you do not own such premises. For customers who are not participants in the Trial, if you are not the owner of the premises, you must obtain the owner’s consent for the Services to be installed. You agree that the installation of the Services at your premises is on the basis of the request that you have made to us and that we have relied upon your authority to make this request. You further agree that you will indemnify Orcon for any loss it suffers as a result of your failure to obtain the consent of the owner of the property and any other third parties whose consent is required for installation of the Orcon UFB Services.
5. Costs: You are liable for all installation costs in relation to the Orcon UFB Services at your premises. Installation costs will be set out on your first Orcon UFB Services invoice. If UFB Services have already been installed at your premises, you may be liable for set up charges for connection of Orcon UFB Services to premises.
A standard Fibre installation will include the work needed to connect your home to the fibre in your street. This includes installing and connecting:
• the fibre cable from the street (up to 200m) through your home;
• the External Termination Point (ETP)
• the Optical Network Termination (ONT) device
A non-standard installation may incur additional charges, non-standard installations include:
• if your house is more than 200m from the fibre access point on the street
• if your modem is installed at a separate location to the Optical Network Termination (ONT) device and additional wiring is required
Any non-standard installations will be scoped and quoted for your approval before work is commenced. You may decline to proceed with the installation once it has been quoted. If you approve the installation and any additional charges you become liable for any of the costs quoted after that point.
6. Land excavation: Installation of Orcon UFB services at your premises may require trench excavation. Restoration by Orcon or its contractors of such excavation will be limited to grass restoration only. You will be responsible for any further restoration and the costs associated with such further restoration. This means that the cost of restoration of any paved, concreted, cobbled areas etc. will need to be met by you.
7. Day of installation: You will be obliged to be present at your premises during the installation of your Orcon UFB services. Installation will not take place on a weekend.
Availability of Service
8. Availability: The Orcon UFB Service is only available in locations which are sites enabled by your LFC. You acknowledge that you may not be able to receive the Orcon UFB Services at your location.
Fixed Term and early termination charge
9. A minimum term contract of 12 months from the date of installation will apply to the provision by us and acceptance by you of your Orcon UFB Services. Orcon will charge an early termination fee if your Orcon UFB services are cancelled prior to the expiry of the initial 12 or 24 month term. Early termination fees are set out below:
• Fibre 30 = $199
• Fibre 100, Fibre 200, Fibre 1Gbps = $250
10. If you move house during your 12 or 24 month Orcon UFB Services contract period, you will liable to pay an early termination fee equivalent to the total charges for the remainder of the term , even if:
- you can connect UFB services at your new premises;
- you wish to connect to Orcon broadband services at your new premises;
- UFB services are not available at the new premises.
Standard connection options apply when connecting at a new premises.
11. If you move house after the expiration of the 12 month fixed term and you wish to have Orcon UFB Services at your new premises, standard connection options apply..
12. You must not remove any of the equipment or devices installed in relation to the Orcon UFB Services at the premises from which you are moving and you will be liable for all costs associated if you do so.
13. You must give Orcon no less than 30 days in order to complete a move house request
14. Connection at your new premises cannot be completed on a weekend
Monitored and other services
15. Monitored services (e.g. monitored alarms, medic alerts, fax, eftpos machines, etc) will not be supported by Orcon and it is your responsibility to contact your relevant service provider to ask whether such services are compatible with fibre and make the appropriate arrangements for continued service. IF YOU RELY ON A MEDIC ALERT OR OTHER MONITORED DEVICE AND YOUR PROVIDER FOR THESE SERVICES CANNOT GUARANTEE THEIR COMPATABILTIY WITH A FIBRE SERVICE, YOU SHOULD NOT SIGN UP FOR ORCON UFB SERVICES. Orcon will not be liable to you in relation to the foregoing.
Existing service providers and copper wiring
16. If you are with another service provider and you wish to have your phone number ported to Orcon UFB Services you must not cancel the services your existing service provider prior to your connection to Orcon UFB Services. If you do this, Orcon cannot guarantee that your number will be available on the Orcon UFB Service.
17. Once your Orcon UFB Services are connected, it is your responsibility to contract your previous service provider(s) to ensure that your previous services are cancelled and to avoid being billed for such services.
18. Copper wiring removed: The copper wiring to your premises may be removed upon completion of the installation of your Orcon UFB Services and cannot be reinstalled. If the copper wiring is removed ONLY fibre services will be available at your premises.
19. You may change components of your Orcon UFB Services as permitted by Orcon from time to time, including calling plans, data limits and service features and these changes will take place at the beginning of the billing cycle following the date your request being accepted.
20. Unless you have elected to retain and continue to pay for your copper wiring at your premises, Orcon cannot change the Orcon UFB Service to another Orcon Service, for example, from Orcon UFB back to Orcon@Home or Orcon Genius. If the copper wiring was retained at your premises, and you wish to change back to another Orcon Service, fees and charges will apply including any applicable early termination fees for your Orcon UFB Service.
21. You agree that you will not damage or tamper with any Orcon and/or LFC device provided at your premises for the delivery of the Orcon UFB Services and you will follow Orcon’s instructions in relation to all such devices.
22. All equipment provided by Orcon in order to use the UFB services will remain Orcon’s property.
23. If any UFB equipment is damaged or unreturned, the customer will be liable for the cost of the equipment and its replacement.
Orcon Genius as interim
24. Where you have elected to receive the Orcon Genius while you wait for UFB Services to become available at your premises, the following terms apply in relation to fixed term contract periods.
25. Where you have less than 12 months remaining on your Orcon Genius contract at the time you are connected to Orcon UFB Services, you will be required to enter into a further 12 month fixed term contract in relation to the Orcon UFB Services.
26. Where you have more than 12 months remaining on your Orcon Genius contract, you must sign up for Orcon UFB Services for a fixed term equal to these remaining months otherwise early termination fees will apply.
27. Once Orcon UFB Services become available at your premises, we will discuss your options with you. You will not be obliged to receive Orcon UFB Services and may elect to continue with your Orcon Genius Services.
28. All references to speed are to the maximum theoretical speeds. Actual data transfer speeds to individual premises may differ and Orcon does not guarantee that you will achieve the maximum speed. When you are connected to an Orcon UFB Service with, for example, a speed of up to 100 Mpbs Orcon does not guarantee that everything you download from the internet will be received by you at 100 Mbps. External factors will affect your actual speed including, but not limited to, your computer, your internal wiring and environment.
29. All Orcon Fibre plans come with the "Fibre Guarantee" which states that customers who are not happy with their Fibre connection 30-60 days post service activation can waive their early termination fee. If customers are not happy with their Orcon Fibre plan and wish to get their ETF waved then they must (1) contact Orcon within 30-60 after the Fibre connection has been activated at their property and (2) with a legitimate reason on why they are unhappy with the Orcon Fibre connection at their house. Any complaints outside of this timeframe will void the fibre guarantee. Only standard early termination fees will be waived, no additional charges, fees or service charges will be waived under any circumstances. Fibre guarantee valid for new Orcon customers only.
LOCAL FIBRE COMPANY TERMS AND CONDITIONS
Ultra Fast Fibre (Waikato, Tauranga, Wanganui, Hawera)
Chorus (Everywhere Else)