Orcon Broadband Terms and Conditions

1.These Terms

1.1 These fixed broadband terms and conditions set out the basis on which CallPlus Services Limited (Company number 1271483) trading as Orcon (Orcon) provides its Internet Services to our residential customers.

1.2 These terms and conditions apply in addition to the Orcon general terms and conditions and any other specific terms and conditions we may notify you of. If there is any conflict between these terms and conditions and the general terms and conditions, these terms and conditions will prevail.

2. Internet Services

2.1 This clause applies if we provide Internet Services or broadband or voice Services to you.

2.2 You must not knowingly transmit any malware or use our Services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else’s network.

2.3 We do not control the information that can be accessed through the internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our Services. We are also not liable for any malware or other harmful code which you download via the internet.

Modems and other Equipment

2.4 You will need a suitable modem to use our Internet Services and broadband Service. Orcon may provide you with a modem and anything else you need to get up and running. Our friendly technical support team can help you with any issues you have. Ownership of any modems we provide you will either remain with Orcon if you are leasing the modem or transfer to you if you have purchased the modem.

2.5 If you decide to leave Orcon, you will have to return the Orcon Modem if you have leased one from us. If the modem is not returned, you will be charged $100 (or such other amount as set out on the Orcon Website) to recover the cost of this device.

2.6 To maintain the integrity and reliability of our Network, we reserve the right to occasionally manage your modem to ensure a high level of security within our Network and may include such tasks as updating router firmware, updating DNS setting and updating or changing general settings.

2.7 We may provide you with other Equipment to use while you purchase our Services. If you decide to leave Orcon you may be charged a reasonable amount to recover the costs for the supply of such Equipment.

Change of address

2.8 When you move, you will need to cancel all current broadband Services to avoid unwanted charges. Services must be reinstalled on the new phone line and even if you are maintaining your existing phone number you may incur installation charges.

Feature availability

2.9 Better Network and Easyphone features are not available everywhere; these are address dependant.

Speeds

2.10 Our plan speeds represent the average download and upload speeds on our network during busy times (7pm to 11pm on Monday to Friday). The actual speeds you experience may be higher or lower than this, and will depend on many different factors including where you live, whether you are connecting to your modem via ethernet or WiFi, the location of your modem, the quality of your equipment (if it isn’t supplied by us), the number and quality (e.g. age) of devices accessing the Services, your in-home wiring, network capacity and traffic, and any electrical or WiFi interference from other devices. We cannot guarantee minimum speeds, that our Services will always be available, or that they can always be used for any particular purpose. Learn more

2.11 If you are on an Uncapped or Unlimited Plan, the total amount of data you can upload or download is unlimited. We may use traffic prioritisation policies for these Plans to protect our Network and improve the overall performance amongst our customers. Other factors may influence the particular speeds or latency you can achieve to servers nationally and internationally. Our control of these speeds is limited to our own Network. Connections to servers outside our Network are on a “best effort” basis. It may not be possible for you to achieve your desired or expected speeds or latency where you are connecting to our Network through your own equipment (e.g. a modem that hasn’t been supplied by us).

Copyright and law enforcement

2.12 We do not proactively monitor what content you download or access, however, we must act on lawful requests for information and/or interception as well as infringement notices which we receive under the Copyright (Infringing File Sharing) Amendment Act 2011. This action may include sending you an infringement notice. Please see www.orcon.net.nz/terms/copyright notice for further information and click here to view Orcon’s Annual Compliance Report with s122 of the Copyright Act.

Availability

2.13 You are responsible for downloading to your computer any email that you wish to keep. We may, without notice to you, remove any email that remains on our servers for more than 90 days.

Installation

2.14 4.2 We may install Equipment and carry out other work at your premises in order to provide you with the Services. You must allow us and our contractors access as and when we reasonably require for the purposes of installing, maintaining, monitoring and removing that Equipment or carrying out that work. If necessary, you must obtain any necessary consents to enable our access.

2.15 4.3 You are responsible for providing suitable environmental conditions for any Equipment and the Services, including reliable electricity supply with surge protection, if applicable.

2.16 4.4 If you decide to cancel your order, through no fault of us or the installer, after we have accepted your order and you have been provided an installation date, we may charge you a cancellation fee.

2.17 4.5 When you place an order and get your order number, you have committed to buying the item(s) and/or Service/s from us. If you have made a mistake, call us on 0800 89 2027 within 7 days. We will do our best to resolve any problems. If you choose to cancel your Service after purchase, we may charge you Early Termination Charges and other usage Charges, as set out in the general terms and conditions.

3. Voice Services

3.1 This clause applies if we provide Voice Services to you.

3.2 Our Calling Packs include 100 hours of toll calling per month to the destinations included in the pack. If the 100 hour limit is exceeded, then our standard per-minute rates will apply to all toll calls for the remainder of that billing period. You are responsible for monitoring usage and for any per-minute charges incurred, should the limit be exceeded. Calls can be made at any time, and costs are capped up to 2 hours. If a call is longer than 2 hours, our standard per-minute rates will apply for the portion of the call that exceeds 2 hours.

4. General

Assignment

4.1 You must not assign your rights under this Agreement. We can transfer our rights and obligations under this Agreement to anyone else. We will notify you if we do so and we will use best endeavours to provide notice in advance of any such transfer.

Delay

4.2 A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.

Applicable law

4.3 Any dispute regarding the provision of our Services under these terms is to be determined by New Zealand courts.

5. Definition and Interpretation

Agreement means this Agreement, including these Terms and Conditions, any and all annexures, schedules (including Service Schedules) and attachments to this Agreement, the Plans for Services acquired in connection with this Agreement and expressly includes any variation, replacement or substitution of them from time to time.

Equipment means any hardware, software or other infrastructure used in connection with a Service.

Internet Services means Services that provide Internet access and email and other Services provided in conjunction.

Network means the telecommunications system owned by us and/or any of any Related Company which we use to provide the Services to you and other customers, including our WCDMA network.

Service means the broadband or voice service which Orcon supplies to you, as specified in these terms and conditions and/or each Service Schedule. OrconReferences to Services include the sale of Equipment. Services has a corresponding meaning.

Orcon means that business name and/or trademark owned and used by Orcon.

we, our or us means Orcon, a division of CallPlus Services Limited Company Number 1271483 trading under the brand Orcon.

you or your means the customer who is party to this Agreement.

Interpretation

The following rules of interpretation apply on any matter affecting the proper interpretation construction of this Agreement:

1. Headings: headings are for convenience only and do not affect the interpretation of this Agreement;

2. Inconsistency: in the event of inconsistency, the parts of this Agreement will have the following order of priority, first the Table, second each Service Schedule and third other parts of this Agreement, including these Core Terms and Conditions;

3. Singularity: the singular includes the plural and conversely;

4. Grammar: where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

5. Including: to avoid doubt, the word including is not intended to be exhaustive in operation and is to be interpreted as including but not limited, unless expressly provided to the contrary;

6. Construction: no rule of construction or interpretation applies to disadvantage a party because that party prepared or was responsible for the preparation of this Agreement or any part of it;

7. Reference to Currency: A reference to currency is a reference to New Zealand currency unless expressly stated to the contrary.

8. References to Persons: a reference to a person includes a natural person, partnership, joint venturer, government department or agency, body corporate, an unincorporated body or other legal entity and conversely;

9. References to Parties: a reference to a party includes the party’s successors and permitted assigns; and

10. Reference to Right or Obligation: a reference to a right or obligation of any two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally.