1.These terms and conditions

These General Terms and Conditions apply to you if you are a business or residential telecommunications customer of CloudNet phone line and broadband services. Additional service terms and conditions will apply and can be found on the CloudNet website. Any promotional or special offers will have additional terms and conditions.

You will also be bound by the specific terms of each CloudNet telecommunication service plan chosen by you and these can be found on the CloudNet website. If there is any conflict or inconsistency between these General Terms and Conditions and the terms and conditions applying to specific CloudNet telecommunication services then, unless otherwise expressly stated, the terms and conditions applying to the specific service will prevail. For the avoidance of doubt, these Terms and Conditions do not apply to you if you have executed a separate Master Services Agreement with CloudNet Limited. In these terms and conditions "CloudNet", "we" or "us" refers to CloudNet Limited, "you" refers to CloudNet customers and "services" refers to all the goods and services that CloudNet provides.

2.Changes to terms and conditions

2.1 CloudNet may need to change its terms and conditions but we will always give you at least 10 days notice and where possible one month’s notice before making any material changes by sending you an email to your preferred contact email address telling you about the changes and explaining their general nature.

3.Charges and changes to plans

3.1 You agree that you will pay CloudNet for all the services it provides to you (regardless of who uses such services). Details of our current rates and charges are available at http://www.cloudnetnz.com or you can call 0800 2 Cyber (29237).

3.2 We may make changes to our plans from time to time. If we increase any fees or charges for any CloudNet telecommunication service (including the introduction of charges for services previously free of charge) we will wherever possible give you at least one month’s notice and in any event will give you a minimum of 10 working days' notice by sending you an email to your preferred contact email address telling you about the new charges and any other changes to your plan. If you change your Plan it is your responsibility to check whether any specific terms and conditions apply to such new plan.

3.3 You must pay any CloudNet charges by the due date shown on your invoice. Your invoice will be sent to you by email to your preferred contact email address. Methods of payment will be set out in your invoice. Please ensure that you keep your email account password secure as the invoice will contain details of all your Cyber Park calling and broadband activity.

3.4 If your payment is overdue, CloudNet may suspend or restrict provision of services to you and we may charge you a late payment fee. You will pay for any costs we incur in attempting to recover any overdue amounts from you. Please let us know before the due date if you think that there is a mistake on your invoice. While you are waiting for us to confirm whether or not any error has occurred, you do not have to pay the disputed part of the bill. You must pay any amount that is not disputed by the due date for payment.

3.5 You cannot claim a refund for any unused hours or data within the relevant billing period and you cannot accumulate this unused amount for the following billing period.

3.6 We reserve the right to impose a credit limit on your account at any time. You agree that any credit limit imposed by us may be changed at our discretion with immediate effect. If at any time you exceed this credit limit, we will be entitled to suspend our supply of the services to you.

4.Credit References

4.1 We may require you to provide credit references and other credit information from time to time and you authorise us to check your credit status with any credit reference agency. If you are unhappy with the result of any credit reference check you must take this up directly with the credit reference agency.

4.2 We may decline your application or terminate your connection at our discretion. Subject to applicable privacy laws, we do not have disclose the reasons for our decision.

4.3 You may have to pay us a deposit before you can use, or continue to use, our services. We will notify you when this is required.

5.Your Responsibilities

5.1 You will:

  • ensure that all the information you give us is correct
  • notify us immediately of any change of your address, phone number or preferred contact email address
  • protect your computer against any virus, unauthorized access and spam
  • not transmit or store any information on the CloudNet telecommunication network that contains any form of virus
  • use CloudNet telecommunication services for lawful purposes only and to follow any instructions we give you
  • not use our services in any way or act in any way which may be abusive, offensive or a nuisance to someone else, including us or any of our agents
  • ensure that any wireless network set up at your premises is secure. You will be liable for any charges incurred as a result of a third party obtaining unauthorized access to your wireless network
  • not forge email or create or use a false identity for the purpose of misleading others as to the identity of the sender or origin of any message
  • keep your CloudNet passwords secure and confidential and notify us immediately if you believe that someone else has discovered your password or is using your CloudNet telecommunication services fraudulently. CloudNet will not be liable for any unauthorized use of your password and may charge a fee if you request an investigation of the use of your account comply with our Acceptable Use Policy, which can be viewed at our website at http://www.cloudnetnz.com and any of our other policies which apply to a particular service

5.2 Using our services in ways that we deem inappropriate, abusive, illegal, or similar is strictly prohibited. If you use the services in such a way then we may suspend or terminate your service without notice. If we incur costs as a result of your misuse of our services, we may pass these costs on to you at our discretion, and legal action may be taken against you. Further, we reserve the right to remove any material from our servers which we consider to breach the terms of this agreement or any law.

5.3 If we consider it is necessary for the purpose of us providing you any service, you will allow us or our agents to come onto your property to work on our network or anything connected to it. People we send will carry proof of identity and we will always try to contact you before we do this. If, for any reason, we are unable to gain access to your property we may not be able to provide you with the relevant services.

6.Privacy

6.1 During the provision of services to you, you agree that CloudNet may collect information about you. This may be obtained from you or may be generated from your use of the Cyber Park telecommunication services. You may decide not to provide us with certain personal information but this may mean that we cannot provide the services to you. Cyber Park will deal with all your information in accordance with the Privacy Act 1993.

6.2 We may monitor or record calls to customer services for training purposes, to improve service quality and to aid in dispute resolution.

6.3 You can at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.

6.4 You agree that we can collect information about you (such as your address, phone number and evidence that you will be able to pay for our services) and the ways that you use our services. We will collect this information from our communications with you and through your use of the services. You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations, including, but not limited to: complete credit checking providing services to you administering your account recovering overdue accounts keeping you informed about our services (unless you have advised us that you do not want to receive this information). You agree that we may send you marketing messages, electronic or otherwise, about our special offers, products and services which may be of interest to you. You agree too that the electronic marketing message we send you need not include an unsubscribe facility looking at ways in which we can improve our services sending you bills resolving any disputes training our staff.

6.5 We may provide your personal information to third party network operators where we have arrangements with such operators for the provision of our services or where your number is being transferred to/from such an operator or for the purposes of investigating an alleged fraud or other offence.

6.6 If you contact us through the preferred contact email address you register with us when you create your account, we will take this to mean you are the account holder and have authority on the account. Please keep access to your preferred email account secure.

6.7 We may be obliged to provide your personal information to a public sector agency if that agency requests such information for its investigations.

7.Ending the Agreement

7.1 Except where you have agreed to use our services for a fixed term, you may terminate the agreement by calling the Customer service on 0800 2 Cyber (29237) and the agreement will end and charges will stop one month after we receive your notice unless agreed otherwise.

7.2 If your services are provided under a fixed term contract, you may have to pay an early disconnection fee ( A.the standard early termination fee of $199 to $299 which base on your completed months and your plans; B. the standard retail price (as at the date of this agreement) of any equipment and/or free devices received by the Customer under this agreement. ), details of which can be found on our website at http://www.cloudnetnz.com . You may also be liable for charges in relation to any equipment that has been provided to you by Cyber Park for the use of CloudNet telecommunication services. On expired of that fixed Term, your connection may be terminated by you or us on one month’s notice or any lesser notice period agreed between us.

7.3. In addition to our rights under clause 7.2 above, we may terminate our agreement with you immediately without notifying you if we believe you have not met your obligations under these General Terms or the terms and conditions relating to the relevant specific Cyber Park telecommunication service. We may also suspend or terminate our agreement with you without notifying you in advance where:

  • your use or our services is unusual or excessive
  • you are, or are likely to become, insolvent or bankrupt or a receiver or manager is appointed over any of you assets or a resolution for liquidation is proposed or passed in respect of you
  • the CloudNet telecommunication services are not available to you (for any reason)

7.4. Upon termination all payments due by you to us will be immediately due and payable, and you agree to pay CloudNet all such amounts immediately upon demand.

7.5. No refund is given on monthly fees paid in advance, where you terminate a service part way through the period for which you have paid.

7.6 Certain rights and obligations will continue after the termination of this agreement. These include, but are not limited to, the payment of outstanding amounts and the return of any CloudNet equipment you may have.

7.7. We may terminate our agreement with you immediately if we believe you have not met your obligations under these General Terms or the terms and conditions relating to the relevant specific Cyber Park telecommunication service. We may end our agreement with you for any other reason by giving you at least one month’s notice.

7.8. Upon termination all payments due by you to us will be immediately due and payable, and you agree to pay CloudNet all such amounts immediately upon demand.

7.9. No refund is given on monthly fees paid in advance, where you terminate a service part way through the period for which you have paid.

8.Liability

8.1 CloudNet will not be liable to you if it is prevented from providing the services by reason of any act of God, act of state, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo, adverse weather conditions or any other circumstance (including a network failure) beyond our reasonable control. If such an event occurs, CloudNet will endeavor to advise you of the existence of the event and the effect of such event on the provision of the services.

8.2. CloudNet excludes all liability we may have to you or anyone claiming through you whether in contract, tort, equity or otherwise relating to any indirect or consequential loss, damage or expense of any kind whatsoever arising under or in respect of this Agreement including, without limitation, any economic loss, loss of use, loss of profits, loss of income, or increased or alternative costs, however caused. This exclusion applies to any claim you may have for any damages whatsoever and applies for the benefit of the following people:

  • CloudNet and any of its related companies;
  • CloudNet employees, contractors, officers and agents
  • Any network operator or other person whose services we use to provide services to you (or any of their employees, contractors, officers and agents).

8.3 If, despite the exclusion set out above, CloudNet is held to be liable to you, then our liability is limited to a maximum of $1,000 for any event (or series of related events) and to a maximum of $2,000 in any 12 month period.

8.4 For the avoidance of doubt, CloudNet shall not be liable to you for any indirect or consequential loss, damage or expense of any kind whatsoever arising under or in respect of this Agreement. This includes, without limitation, any economic loss, loss of use, loss of profits, loss of income, or increased or alternative costs, however caused.

8.5 Except as specifically outlined herein, we make no warranties in relation to our service or the service of any other service provider (including that the services will be continuous or fault-free at all times) and we will have no liability if your use of the service or any other provider's service infringes any third party's intellectual property rights.

8.6 You agree that if the services you acquire under this agreement are for the purposes of a business then the Consumer Guarantees Act 1993 does not apply.

9.Complaints

9.1 If you have a complaint concerning any aspect of your use of CloudNet telecommunication services you can email us to support@CloudNet.co.nz or give us a call to 0800 2 Cyber (29237)

9.2 We will handle your complaint with care and in a fair and efficient manner in accordance with our complaints resolution procedure which can be viewed on our website.

10.Intellectual Property

10.1 Except as expressly set out in these General Terms and Conditions or in any terms and conditions relating to specific services, you do not acquire any rights or interests in CloudNet’s intellectual property (which includes, without limitation, patents, trade marks and copyright). All CloudNet’s intellectual property (including modifications or additions to any current Cyber Park intellectual property which are created, made or discovered in the course of Cyber Park providing the services to you) is and will remain the absolute property of CloudNet.

10.2 If we provide software, documentation, manuals or other materials (whether as hard or soft copies) to enable you to receive and use a service, we grant you a non-exclusive, non-transferable licence to use such software, documentation, manuals or materials for your own use. Any licence we grant under this clause will terminate when the relevant service is terminated.

10.3 If a service provides you with content or software licensed by third parties who require you to accept their terms of use, you must comply with those terms.

10.4 Except as permitted by law or as expressly permitted under these General Terms and Conditions or in any terms and conditions relating to specific services you must not, without prior written consent, copy, de-compile or modify intellectual property of CloudNet or any third party or permit anyone else to do so.

11.Not an anonymous service

11.1 All email messages sent from the CloudNet email service include the original X-Sender, IP address, date, time and originating details. CloudNet does not and will not provide any form of anonymous service to any customer.

12.Miscellaneous

12.1 You may not assign any of your rights or obligations under the General Terms and Conditions or in any terms and conditions relating to specific services. We may assign our rights to a third party at any time, without your consent and without providing you with advance notice of such assignment.

12.2. Any CloudNet address or intellectual property remains the property of CloudNet at all times. When you use a CloudNet telecommunication service, you may create a login name, email address and/or website. These addresses and all pertinent details will remain the property of Cyber Park. While it is unlikely that we may need to delete these addresses or modify them in some way, there are certain services that are reserved for CloudNet Telecommunication use. If at any future date CloudNet deems necessary to use your user name, email address, web page address for any other reason, we will notify you via your Cyber Park email address with one month’s notice before we withdraw the relevant service.

12.3 Any contract we have with you to provide services is governed by and construed in accordance with New Zealand law and you accept the exclusive jurisdiction of the New Zealand Courts.

12.4 If a Court of competent jurisdiction rules that any part of these General Terms and Conditions is unenforceable for any reason then such ruling will not affect the remaining provisions which will remain in full force and effect at all times.

12.5 Any failure or delay by us in enforcing any provision of our Terms and Conditions will not be deemed to be a waiver of our rights with respect to that provision or any other provision of our terms and conditions.

12.6 We may appoint subcontractors to discharge any of our obligations under our Terms and Conditions provided that we will at all times remain primarily labile to you for those subcontractors' acts and omissions.

12.7. These General Terms and Conditions together with any terms and conditions relating to specific services or promotions (including pricing and service descriptions set out on the Cyber Park website) constitute the entire terms and conditions applicable to the agreement between you and Cyber Park Limited.

To maintain a good user experience and to ensure all CloudNet customers are able to access our services; it is important to CloudNet that all CloudNet customers have read and understood our Fair Use Policy. Terms and Conditions:

1. The Fair Use Policy applies to all of the promotional services and add-on specials advertised by CloudNet, as subject to the Fair Use Policy, which applies to both residential and business customers.

2. Your use of the services must be fair, reasonable and not excessive, as reasonably determined by us by reference to average customer profiles and estimated customer use of a service. If your use materially exceeds these use patterns over any month, then your use will be deemed excessive and/or unreasonable.

3. As examples the following uses would be considered to breach this policy:

  • a) For residential customer - business use, automated call messaging, monitoring services, broadcast fax or outbound call centres.
  • b) For business customer – auto-dialing, automated call messaging, continuously call forwarding, tele-marketing, broadcast fax, outbound call centres, and/or other activities that use our services for commercial gain.

4. If you breach this policy Cyber Park may ask you to moderate your usage. If you fail to do so, CloudNet Limited reserves the right, without further notice, to charge you for the excessive element of your usage and/or remove the service from your account.

5. If your bill is overdue more than 30 days, CyberPark Limited will suspend your service without any further notice.

CloudNet reserves the right to charge you at our discretion for excessive usage, which will be based on CloudNet’s standard rates.

*All prices in our website are under New Zealand currency.

If you are a CyberPark Business Line customer, the terms and conditions set out below will govern your use of the CyberPark Business Line services, and the contractual relationship between us in addition to the CyberPark General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our Web Site.

1. INSTALLATION AND MAINTENANCE

1.1 If required, we will arrange a time with you to install your CyberPark Business Line and you will make sure that we can access your property at this time.

1.2 Additional charges may be incurred depending on the status of your current connection and you will be responsible for the payment of such charges.

2. EQUIPMENT

2.1 You will ensure that any equipment you connect to your CyberPark Business Line has a Telepermit printed on it or has been authorized for use by CyberPark. This helps make sure the equipment does not damage the network but does not mean that it will always remain compatible with the CyberPark network. If equipment which you use in connection with your CyberPark Business Line does not work properly, you will need to contact the equipment supplier or manufacturer, and not CyberPark, about the problem.

3. YOUR TELEPHONE NUMBER AND PORTABILITY

3.1 Any telephone number we or another telecommunication provider assigns to you will not be your property. You may port the number to another telecommunications service provider by contacting the provider to whom you wish to port such number. CyberPark will comply with its obligations under the Local and Mobile Number Portability Terms in relation to porting. You will be liable for any costs associated with transferring your service to another provider.

3.2 We may change any number we have allocated and will give you reasonable notice of this. We will not be liable for any costs you incur as a result of such change. If you would like to change your telephone number please call CyberPark on 0800 2 29237.

4. OTHER SUPPLIERS AND OTHER SUPPLIER PRODUCTS

4.1 You are responsible for your relationship with any other supplier providing telecommunications services to you. For example, if you have a CyberPark Business Line but you have your internet services with another supplier, you must notify both us and the other supplier if you change your address.

4.2 If you use the product of another service provider on the CyberPark network (for example, a teleconferencing service from another provider on your CyberPark Business Line) you may be charged for use of such product at a fee greater than that charged by the third party provider to its customers.

5. YOUR RESPONSIBILITIES

5.1 You agree that you will pay for repairing or replacing any part of the CyberPark network which is lost, stolen or damaged by you or anyone for whom you are responsible.

5.2 You will make sure that any wiring or equipment at your premises, such as alarm systems, do not interfere with any part of the CyberPark network.

5.3 You agree to make sure that every person for whom you are responsible (eg employees, contractors etc) also meets the responsibilities set out in this clause.

6. 0900 CALLS AND LOCAL CALLS

6.1 0900 calls are blocked by default on your CyberPark Business Line. However, in the event a 0900 call is made from your CyberPark Business Line you agree to pay:

  • Call charges for 0900 calls made from your telephone through the CyberPark network or charged to you, no matter who makes them
  • Any charitable donations promised during those calls
  • Any other amounts charged to you by the 0900 service providers. Your agreement to make these payments also applies for the benefit of the 0900 service providers and may be enforced by them.

6.2 Local calling is free with your CyberPark Business Line provided you are on our LLU network (CyberPark Business plans) and you do not dial the local access code when making a local call. If you dial the local access code you will be charged at the relevant CyberPark Toll rate.

7. DIRECTORY LISTINGS

7.1 We will provide your details for the White Pages or its equivalent and for directory assistance by default. You agree that in relation to directory assistance services our liability is limited to seeking to rectify any error as soon as practicable.

7.2 If you do not want your details to be listed in the White Pages or directory assistance, or you require special types of listings please contact CyberPark on 0800 2 29237. Any arrangement you make in relation to such listings however, will be an agreement between you and the directory services provider

8. WIRING AND MAINTENANCE

8.1 CyberPark's wiring and maintenance service is an optional service which covers the cost of fixing, during normal fault service hours, most faults in the telephone sockets and wiring inside your premises which are covered by the service. This service covers:

  • Telephone sockets and wiring which meet and are installed to our specifications
  • Wiring inside your premises, but not external wiring to another building on your premises or from your premises to the network
  • The service does not cover equipment attached to sockets such as extension cables or socket adapters

8.2 Moving, adding or changing sockets which are not faulty is not covered by this service. If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a replacement item you would like us to install instead we will install it providing it meets with our requirements

8.2 CyberPark's wiring and maintenance service does not cover you:

  • In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in CyberPark’s terms and conditions
  • If the fault is caused by deliberate or malicious actions
  • If the fault is caused by other wiring or equipment in your premises.

9. FAULTS

9.1 If you experience a phone line fault please contact us on 0800 2 29237 and we will make every effort to restore your service.

9.2 If the fault was caused by you or people for whom you are responsible, you may be charged a fault diagnosis fee.

9.3 Call diversion is available for faults that last longer than 24 hours.

9.4 You may be liable to pay the relevant call out fee if you cancel a booking for a technician to visit your premises

10. ANCILLIARY SERVICES

10.1 CyberPark supports call waiting, call minder and caller display services. If you switch to CyberPark, services which are provided by your previous telecommunications service provider may not be provided by CyberPark and will not be automatically brought across from that provider. You will need to choose which of the available CyberPark services you wish to receive.

10.2 Some CyberPark Plans will offer a call forwarding service. All calls that are forwarded under this service will incur call charges in the same way as if you had made an outbound phone call to the number being forwarded to. e.g. if you forward your number to a mobile phone, standard landline to mobile charges will apply.

11. CREDIT RESTRICTIONS

11.1 In the event of non-payment we reserve the right to place a temporary disconnect on your phone line. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

11.2 In the event of continued non-payment we reserve the right to disconnect your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

11.3 If you have a medical condition or other special circumstance for which you require your telephone connection, it is your responsibility to let us know so we do not disconnect your phone line.

12. CALLER ID

If your CyberPark Plan includes our Caller ID product with your Business Line, we will provide this service on the landline you specify. For most incoming calls, Caller ID will display the phone number of the person calling you however your telephone and/or wall socket need to be compatible in order to receive the Caller ID Service. Some incoming calls will not display the number for example where a call is made from a line which has an unlisted number or from a pay phone or another service provider’s network. If you intend to collect or use any calling information provided by the Caller ID product you must comply with the Privacy Act 1993. You agree that you intend to use Caller ID to help identify the calling party, and to call back a phone number displayed or stored on telephone. You will ensure that everyone using your phone, or the numbers displayed on your display screen, understands and meets these responsibilities.

13. TOLLS

13.1 A toll call is any call you make that is not a local call (e.g. national, international and calls to mobile phones). All CyberPark toll calls are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.

13.2 You are responsible for any charges incurred on your CyberPark account for toll calls. This includes unintentional or unauthorised dialed numbers.

13.3 Some malicious software or viruses can lead to toll calls being made automatically on your line. It is your responsibility to make sure you have sufficient security to meet your needs.

13.4 You must be an CyberPark Business Line customer to sign up for an CyberPark Tolls plan.

13.5 There is a one monthly billing cycle minimum term on all CyberPark business plans.

13. 6 Your Business Line to mobile calling plan allows for a specified number of minutes to be used for landline to New Zealand mobile calls and these must be used within one monthly billing period. Once your specified numbers of minutes have been used, standard retail rates apply. Unused minutes cannot be carried over into the next billing period.

If you are a business CyberPark Broadband customer, the terms and conditions set out below will govern your use of the CyberPark broadband services, and the contractual relationship between us in addition to the CyberPark Business General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our web Site at www.cyberpark.co.nz

1. AVAILABILITY AND CONNECTION OF SERVICES

1.1 Only one Broadband account can be used on any one phone line. Services are not available in all areas or on all line types.

1.2 In some instances, broadband will not be available in your area for technical reasons such as the distance of your premises from an exchange. Further, you may be placed on a waiting list for Broadband, for example if there is limited capacity at your exchange. We will endeavour to contact you as soon as space becomes available.

1.3 If you are a new CyberPark customer you will need a standard broadband connection to receive CyberPark Broadband.

1.4 You may require connection and wiring services at your premises if you have numerous jack points or any device which also utilizes the telephone line such as a monitored alarm or Sky TV. This will incur a charge as an accredited technician will need to visit your premises in order to get your broadband working.

2. SPEED AND QUALITY OF SERVICE

2.1 Any reference to the data speeds refers to the maximum possible connection speed. Your actual speed depends on a number of factors and we cannot guarantee that you will achieve a maximum connection speed. See our website for further details including the factors that affect your connection speed. Any control we have over data speed is limited to our network and we make no representations in relation to your speed when connecting to servers outside the CyberPark network.

2.2 CyberPark Broadband is not guaranteed to be fault free or continuous.

2.3 CyberPark prioritises certain types of traffic such as web and email. Other types of traffic such as peer to peer (P2P) are deprioritised.

2.4 The quality of the data you send or receive via CyberPark broadband may be affected by various factors including the configuration of our network, the use of the internet, or the configuration of the devices used in sending and/or receiving such data.

3. SUPPORT

3.1 While CyberPark will do everything it can to help you with any problems you experience with your CyberPark broadband, In some circumstances, CyberPark may not be able to provide support in relation to your particular operating system. Further, CyberPark does not have any obligation to provide support to you where:

  • The fault is with your computer, communications equipment, your wireless LAN network, your software, your phone line (unless provided by us) or any other;
  • part of the Internet not forming part of our network;
  • you use the service incorrectly;
  • an event occurs which is beyond our reasonable control.

4. CHANGING YOUR ADDRESS OR PHONE LINE

4.1 If you change your address or phone line, you may be able to take your services with you. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption.

4.2 Should your phone line become permanently disconnected for any reason, we will no longer be able to provide Broadband to you and your disconnection will be taken to be a termination of your agreement with CyberPark for the provision of CyberPark Broadband. Should you wish to enter into a new agreement for Broadband an installation charge and term contract may apply.

5. BILLING

5.1 Charges for Broadband usage will include:

  • Any applicable one-off installation and/or modem charges
  • your CyberPark Broadband monthly fee (which will be charged in advance)
  • any cancellation fee (which will be charged in arrears)
  • any excess usage charges (which are billed one month in arrears)

5.2 The Broadband service is an "always on" connection and whether you use the service or not, you will still be charged the full monthly fee. You cannot claim a refund for any unused portion of your data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period.

5.3 Payment for CyberPark Broadband is by direct debit or credit card only.

6. SERVICES AND USAGE

6.1 In the event that we cancel your Broadband, a reconnection fee may apply if you wish to reinstate your services.

6.2 If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance at the rates set out on our website at http://www.cyberpark.co.nz.

6.3 If you are on an CyberPark Broadband flat rate plan which provides for a fixed data allowance and no overage, where you exceed your monthly data allowance your connection speed will be reduced to a maximum of dial up speed once you reach your monthly data allowance.

6.4 Your CyberPark Broadband Services have free virus and spam filtering on them which are designed to prevent virus or spam from being forwarded to the recipient. Despite this, CyberPark cannot guarantee that spam or viruses will not reach the recipient. Some malicious software (eg viruses, adware, etc) can lead to unexpected use of bandwidth and this in turn can use up your monthly data allowance. You are responsible for all data usage that occurs under your account whether or not the usage is caused by malicious software. It is your responsibility to make sure you have sufficient security to meet your needs and CyberPark recommends you install current anti-virus software on your computer.

7. MODEMS

7.1 If in the unlikely event that you decide to leave the CyberPark network within the agreed term, you will have to return the CyberPark Modem and provided WiFi Devices (Access Point). If the modem and WiFi Devices (Access Point) is not returned, you will be charged an amount to recover the cost of this device and this amount will be advised to you on the CyberPark website from time to time.

I understand and agree to the following:

I am over 18 and authorised to make changes to the account specified above. A credit check will be carried out by CyberPark Ltd. who may choose to decline my application and are not required to specify a reason. I acknowledge that I am changing my service provider and that I may retain obligations to my previous provider which are my responsibility to discharge. These may include but not be limited to disconnection or porting fees.

I acknowledge that some services may not be supported by CyberPark Ltd. Any information about me may be accessed and corrected by me pursuant to the Privacy Act 1993.

If the Customer terminates this agreement prior to the expiry date of this agreement, or if the agreement is cancelled by CyberPark Limited prior to the expiry date due to the default or breach of the Customer, then the Customer shall pay to CyberPark Limited:

(a) the standard early termination fee of $299; and

(b) the standard retail price (as at the date of this agreement) of any equipment and/or gift received by the Customer under this agreement.

(c) reconnection fee $150+GST.

I declare that I have read and accept the Terms and Conditions (www.cyberpark.co.nz) as well as the specific terms relating to this offer applicable to my connection.

My first payment will be for any one-off cost as set out above plus any monthly amounts as set out above and any additional usage costs, The second and subsequent payments will be for the monthly amount set out above plus any additional usage costs, plus any amount outstanding. I will be billed on a monthly basis and the due date for bill payments will be the date set out in those bills. I may pay those bills by direct debit. Credit card, or by the methods set out in those bills

*All prices in our website are under New Zealand currency.

If you are a CyberPark Business Line customer, the terms and conditions set out below will govern your use of the CyberPark Business Line services, and the contractual relationship between us in addition to the CyberPark General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our Web Site.

1. INSTALLATION AND MAINTENANCE

1.1 If required, we will arrange a time with you to install your CyberPark Business Line and you will make sure that we can access your property at this time.

1.2 Additional charges may be incurred depending on the status of your current connection and you will be responsible for the payment of such charges.

2. EQUIPMENT

2.1 You will ensure that any equipment you connect to your CyberPark Business Line has a Telepermit printed on it or has been authorized for use by CyberPark. This helps make sure the equipment does not damage the network but does not mean that it will always remain compatible with the CyberPark network. If equipment which you use in connection with your CyberPark Business Line does not work properly, you will need to contact the equipment supplier or manufacturer, and not CyberPark, about the problem.

3. YOUR TELEPHONE NUMBER AND PORTABILITY

3.1 Any telephone number we or another telecommunication provider assigns to you will not be your property. You may port the number to another telecommunications service provider by contacting the provider to whom you wish to port such number. CyberPark will comply with its obligations under the Local and Mobile Number Portability Terms in relation to porting. You will be liable for any costs associated with transferring your service to another provider.

3.2 We may change any number we have allocated and will give you reasonable notice of this. We will not be liable for any costs you incur as a result of such change. If you would like to change your telephone number please call CyberPark on 0800 2 29237.

4. OTHER SUPPLIERS AND OTHER SUPPLIER PRODUCTS

4.1 You are responsible for your relationship with any other supplier providing telecommunications services to you. For example, if you have a CyberPark Business Line but you have your internet services with another supplier, you must notify both us and the other supplier if you change your address.

4.2 If you use the product of another service provider on the CyberPark network (for example, a teleconferencing service from another provider on your CyberPark Business Line) you may be charged for use of such product at a fee greater than that charged by the third party provider to its customers.

5. YOUR RESPONSIBILITIES

5.1 You agree that you will pay for repairing or replacing any part of the CyberPark network which is lost, stolen or damaged by you or anyone for whom you are responsible.

5.2 You will make sure that any wiring or equipment at your premises, such as alarm systems, do not interfere with any part of the CyberPark network.

5.3 You agree to make sure that every person for whom you are responsible (eg employees, contractors etc) also meets the responsibilities set out in this clause.

6. 0900 CALLS AND LOCAL CALLS

6.1 0900 calls are blocked by default on your CyberPark Business Line. However, in the event a 0900 call is made from your CyberPark Business Line you agree to pay:

  • Call charges for 0900 calls made from your telephone through the CyberPark network or charged to you, no matter who makes them
  • Any charitable donations promised during those calls
  • Any other amounts charged to you by the 0900 service providers. Your agreement to make these payments also applies for the benefit of the 0900 service providers and may be enforced by them.

6.2 Local calling is free with your CyberPark Business Line provided you are on our LLU network (CyberPark Business plans) and you do not dial the local access code when making a local call. If you dial the local access code you will be charged at the relevant CyberPark Toll rate.

7. DIRECTORY LISTINGS

7.1 We will provide your details for the White Pages or its equivalent and for directory assistance by default. You agree that in relation to directory assistance services our liability is limited to seeking to rectify any error as soon as practicable.

7.2 If you do not want your details to be listed in the White Pages or directory assistance, or you require special types of listings please contact CyberPark on 0800 2 29237. Any arrangement you make in relation to such listings however, will be an agreement between you and the directory services provider

8. WIRING AND MAINTENANCE

8.1 CyberPark's wiring and maintenance service is an optional service which covers the cost of fixing, during normal fault service hours, most faults in the telephone sockets and wiring inside your premises which are covered by the service. This service covers:

  • Telephone sockets and wiring which meet and are installed to our specifications
  • Wiring inside your premises, but not external wiring to another building on your premises or from your premises to the network
  • The service does not cover equipment attached to sockets such as extension cables or socket adapters

8.2 Moving, adding or changing sockets which are not faulty is not covered by this service. If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a replacement item you would like us to install instead we will install it providing it meets with our requirements

8.2 CyberPark's wiring and maintenance service does not cover you:

  • In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in CyberPark’s terms and conditions
  • If the fault is caused by deliberate or malicious actions
  • If the fault is caused by other wiring or equipment in your premises.

9. FAULTS

9.1 If you experience a phone line fault please contact us on 0800 2 29237 and we will make every effort to restore your service.

9.2 If the fault was caused by you or people for whom you are responsible, you may be charged a fault diagnosis fee.

9.3 Call diversion is available for faults that last longer than 24 hours.

9.4 You may be liable to pay the relevant call out fee if you cancel a booking for a technician to visit your premises

10. ANCILLIARY SERVICES

10.1 CyberPark supports call waiting, call minder and caller display services. If you switch to CyberPark, services which are provided by your previous telecommunications service provider may not be provided by CyberPark and will not be automatically brought across from that provider. You will need to choose which of the available CyberPark services you wish to receive.

10.2 Some CyberPark Plans will offer a call forwarding service. All calls that are forwarded under this service will incur call charges in the same way as if you had made an outbound phone call to the number being forwarded to. e.g. if you forward your number to a mobile phone, standard landline to mobile charges will apply.

11. CREDIT RESTRICTIONS

11.1 In the event of non-payment we reserve the right to place a temporary disconnect on your phone line. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

11.2 In the event of continued non-payment we reserve the right to disconnect your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

11.3 If you have a medical condition or other special circumstance for which you require your telephone connection, it is your responsibility to let us know so we do not disconnect your phone line.

12. CALLER ID

If your CyberPark Plan includes our Caller ID product with your Business Line, we will provide this service on the landline you specify. For most incoming calls, Caller ID will display the phone number of the person calling you however your telephone and/or wall socket need to be compatible in order to receive the Caller ID Service. Some incoming calls will not display the number for example where a call is made from a line which has an unlisted number or from a pay phone or another service provider’s network. If you intend to collect or use any calling information provided by the Caller ID product you must comply with the Privacy Act 1993. You agree that you intend to use Caller ID to help identify the calling party, and to call back a phone number displayed or stored on telephone. You will ensure that everyone using your phone, or the numbers displayed on your display screen, understands and meets these responsibilities.

13. TOLLS

13.1 A toll call is any call you make that is not a local call (e.g. national, international and calls to mobile phones). All CyberPark toll calls are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.

13.2 You are responsible for any charges incurred on your CyberPark account for toll calls. This includes unintentional or unauthorised dialed numbers.

13.3 Some malicious software or viruses can lead to toll calls being made automatically on your line. It is your responsibility to make sure you have sufficient security to meet your needs.

13.4 You must be an CyberPark Business Line customer to sign up for an CyberPark Tolls plan.

13.5 There is a one monthly billing cycle minimum term on all CyberPark business plans.

13. 6 Your Business Line to mobile calling plan allows for a specified number of minutes to be used for landline to New Zealand mobile calls and these must be used within one monthly billing period. Once your specified numbers of minutes have been used, standard retail rates apply. Unused minutes cannot be carried over into the next billing period.

If you are a business CyberPark Broadband customer, the terms and conditions set out below will govern your use of the CyberPark broadband services, and the contractual relationship between us in addition to the CyberPark Business General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our web Site at www.cyberpark.co.nz

1. AVAILABILITY AND CONNECTION OF SERVICES

1.1 Only one Broadband account can be used on any one phone line. Services are not available in all areas or on all line types.

1.2 In some instances, broadband will not be available in your area for technical reasons such as the distance of your premises from an exchange. Further, you may be placed on a waiting list for Broadband, for example if there is limited capacity at your exchange. We will endeavour to contact you as soon as space becomes available.

1.3 If you are a new CyberPark customer you will need a standard broadband connection to receive CyberPark Broadband.

1.4 You may require connection and wiring services at your premises if you have numerous jack points or any device which also utilizes the telephone line such as a monitored alarm or Sky TV. This will incur a charge as an accredited technician will need to visit your premises in order to get your broadband working.

2. SPEED AND QUALITY OF SERVICE

2.1 Any reference to the data speeds refers to the maximum possible connection speed. Your actual speed depends on a number of factors and we cannot guarantee that you will achieve a maximum connection speed. See our website for further details including the factors that affect your connection speed. Any control we have over data speed is limited to our network and we make no representations in relation to your speed when connecting to servers outside the CyberPark network.

2.2 CyberPark Broadband is not guaranteed to be fault free or continuous.

2.3 CyberPark prioritises certain types of traffic such as web and email. Other types of traffic such as peer to peer (P2P) are deprioritised.

2.4 The quality of the data you send or receive via CyberPark broadband may be affected by various factors including the configuration of our network, the use of the internet, or the configuration of the devices used in sending and/or receiving such data.

3. SUPPORT

3.1 While CyberPark will do everything it can to help you with any problems you experience with your CyberPark broadband, In some circumstances, CyberPark may not be able to provide support in relation to your particular operating system. Further, CyberPark does not have any obligation to provide support to you where:

  • The fault is with your computer, communications equipment, your wireless LAN network, your software, your phone line (unless provided by us) or any other;
  • part of the Internet not forming part of our network;
  • you use the service incorrectly;
  • an event occurs which is beyond our reasonable control.

4. CHANGING YOUR ADDRESS OR PHONE LINE

4.1 If you change your address or phone line, you may be able to take your services with you. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption.

4.2 Should your phone line become permanently disconnected for any reason, we will no longer be able to provide Broadband to you and your disconnection will be taken to be a termination of your agreement with CyberPark for the provision of CyberPark Broadband. Should you wish to enter into a new agreement for Broadband an installation charge and term contract may apply.

5. BILLING

5.1 Charges for Broadband usage will include:

  • Any applicable one-off installation and/or modem charges
  • your CyberPark Broadband monthly fee (which will be charged in advance)
  • any cancellation fee (which will be charged in arrears)
  • any excess usage charges (which are billed one month in arrears)

5.2 The Broadband service is an "always on" connection and whether you use the service or not, you will still be charged the full monthly fee. You cannot claim a refund for any unused portion of your data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period.

5.3 Payment for CyberPark Broadband is by direct debit or credit card only.

6. SERVICES AND USAGE

6.1 In the event that we cancel your Broadband, a reconnection fee may apply if you wish to reinstate your services.

6.2 If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance at the rates set out on our website at http://www.cyberpark.co.nz.

6.3 If you are on an CyberPark Broadband flat rate plan which provides for a fixed data allowance and no overage, where you exceed your monthly data allowance your connection speed will be reduced to a maximum of dial up speed once you reach your monthly data allowance.

6.4 Your CyberPark Broadband Services have free virus and spam filtering on them which are designed to prevent virus or spam from being forwarded to the recipient. Despite this, CyberPark cannot guarantee that spam or viruses will not reach the recipient. Some malicious software (eg viruses, adware, etc) can lead to unexpected use of bandwidth and this in turn can use up your monthly data allowance. You are responsible for all data usage that occurs under your account whether or not the usage is caused by malicious software. It is your responsibility to make sure you have sufficient security to meet your needs and CyberPark recommends you install current anti-virus software on your computer.

7. MODEMS

7.1 If in the unlikely event that you decide to leave the CyberPark network within the agreed term, you will have to return the CyberPark Modem and provided WiFi Devices (Access Point). If the modem and WiFi Devices (Access Point) is not returned, you will be charged an amount to recover the cost of this device and this amount will be advised to you on the CyberPark website from time to time.

I understand and agree to the following:

I am over 18 and authorised to make changes to the account specified above. A credit check will be carried out by CyberPark Ltd. who may choose to decline my application and are not required to specify a reason. I acknowledge that I am changing my service provider and that I may retain obligations to my previous provider which are my responsibility to discharge. These may include but not be limited to disconnection or porting fees.

I acknowledge that some services may not be supported by CyberPark Ltd. Any information about me may be accessed and corrected by me pursuant to the Privacy Act 1993.

If the Customer terminates this agreement prior to the expiry date of this agreement, or if the agreement is cancelled by CyberPark Limited prior to the expiry date due to the default or breach of the Customer, then the Customer shall pay to CyberPark Limited:

(a) the standard early termination fee of $299; and

(b) the standard retail price (as at the date of this agreement) of any equipment and/or gift received by the Customer under this agreement.

(c) reconnection fee $150+GST.

I declare that I have read and accept the Terms and Conditions (www.cyberpark.co.nz) as well as the specific terms relating to this offer applicable to my connection.

My first payment will be for any one-off cost as set out above plus any monthly amounts as set out above and any additional usage costs, The second and subsequent payments will be for the monthly amount set out above plus any additional usage costs, plus any amount outstanding. I will be billed on a monthly basis and the due date for bill payments will be the date set out in those bills. I may pay those bills by direct debit. Credit card, or by the methods set out in those bills

*All prices in our website are under New Zealand currency.

If you are a CyberPark Personal broadband plans customer, the terms and conditions set out below will govern your use of the CyberPark Personal broadband plans services, and the contractual relationship between us in addition to the CyberPark General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our Web Site.

1. INSTALLATION AND MAINTENANCE

1.1 If required, we will arrange a time with you to install your CyberPark Personal broadband plans and you will make sure that we can access your property at this time.

1.2 Additional charges may be incurred depending on the status of your current connection and you will be responsible for the payment of such charges.

2. EQUIPMENT

2.1 You will ensure that any equipment you connect to your CyberPark Personal broadband plans has a Telepermit printed on it or has been authorized for use by CyberPark. This helps make sure the equipment does not damage the network but does not mean that it will always remain compatible with the CyberPark network. If equipment which you use in connection with your CyberPark Personal broadband plans does not work properly, you will need to contact the equipment supplier or manufacturer, and not CyberPark, about the problem.

3. YOUR TELEPHONE NUMBER AND PORTABILITY

3.1 Any telephone number we or another telecommunication provider assigns to you will not be your property. You may port the number to another telecommunications service provider by contacting the provider to whom you wish to port such number. CyberPark will comply with its obligations under the Local and Mobile Number Portability Terms in relation to porting. You will be liable for any costs associated with transferring your service to another provider.

3.2 We may change any number we have allocated and will give you reasonable notice of this. We will not be liable for any costs you incur as a result of such change. If you would like to change your telephone number please call CyberPark on 0800 2 29237.

4. OTHER SUPPLIERS AND OTHER SUPPLIER PRODUCTS

4.1 You are responsible for your relationship with any other supplier providing telecommunications services to you. For example, if you have a CyberPark Personal broadband plans but you have your internet services with another supplier, you must notify both us and the other supplier if you change your address.

4.2 If you use the product of another service provider on the CyberPark network (for example, a teleconferencing service from another provider on your CyberPark Personal broadband plans) you may be charged for use of such product at a fee greater than that charged by the third party provider to its customers.

5. YOUR RESPONSIBILITIES

5.1 You agree that you will pay for repairing or replacing any part of the CyberPark network which is lost, stolen or damaged by you or anyone for whom you are responsible.

5.2 You will make sure that any wiring or equipment at your premises, such as alarm systems, do not interfere with any part of the CyberPark network.

5.3 You agree to make sure that every person for whom you are responsible (eg employees, contractors etc) also meets the responsibilities set out in this clause.

6. 0900 CALLS AND LOCAL CALLS

6.1 0900 calls are blocked by default on your CyberPark Personal broadband plans. However, in the event a 0900 call is made from your CyberPark Personal broadband plans you agree to pay:

  • Call charges for 0900 calls made from your telephone through the CyberPark network or charged to you, no matter who makes them
  • Any charitable donations promised during those calls
  • Any other amounts charged to you by the 0900 service providers. Your agreement to make these payments also applies for the benefit of the 0900 service providers and may be enforced by them.

6.2 Local calling is free with your CyberPark Personal broadband plans provided you are on our LLU network (CyberPark Business plans) and you do not dial the local access code when making a local call. If you dial the local access code you will be charged at the relevant CyberPark Toll rate.

7. DIRECTORY LISTINGS

7.1 We will provide your details for the White Pages or its equivalent and for directory assistance by default. You agree that in relation to directory assistance services our liability is limited to seeking to rectify any error as soon as practicable.

7.2 If you do not want your details to be listed in the White Pages or directory assistance, or you require special types of listings please contact CyberPark on 0800 2 29237. Any arrangement you make in relation to such listings however, will be an agreement between you and the directory services provider

8. WIRING AND MAINTENANCE

8.1 CyberPark's wiring and maintenance service is an optional service which covers the cost of fixing, during normal fault service hours, most faults in the telephone sockets and wiring inside your premises which are covered by the service. This service covers:

  • Telephone sockets and wiring which meet and are installed to our specifications
  • Wiring inside your premises, but not external wiring to another building on your premises or from your premises to the network
  • The service does not cover equipment attached to sockets such as extension cables or socket adapters

8.2 Moving, adding or changing sockets which are not faulty is not covered by this service. If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a replacement item you would like us to install instead we will install it providing it meets with our requirements

8.2 CyberPark's wiring and maintenance service does not cover you:

  • In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in CyberPark’s terms and conditions
  • If the fault is caused by deliberate or malicious actions
  • If the fault is caused by other wiring or equipment in your premises.

9. FAULTS

9.1 If you experience a phone line fault please contact us on 0800 2 29237 and we will make every effort to restore your service.

9.2 If the fault was caused by you or people for whom you are responsible, you may be charged a fault diagnosis fee.

9.3 Call diversion is available for faults that last longer than 24 hours.

9.4 You may be liable to pay the relevant call out fee if you cancel a booking for a technician to visit your premises

10. ANCILLIARY SERVICES

10.1 CyberPark supports call waiting, call minder and caller display services. If you switch to CyberPark, services which are provided by your previous telecommunications service provider may not be provided by CyberPark and will not be automatically brought across from that provider. You will need to choose which of the available CyberPark services you wish to receive.

10.2 Some CyberPark Plans will offer a call forwarding service. All calls that are forwarded under this service will incur call charges in the same way as if you had made an outbound phone call to the number being forwarded to. e.g. if you forward your number to a mobile phone, standard landline to mobile charges will apply.

11. CREDIT RESTRICTIONS

11.1 In the event of non-payment we reserve the right to place a temporary disconnect on your phone line. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

11.2 In the event of continued non-payment we reserve the right to disconnect your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

11.3 If you have a medical condition or other special circumstance for which you require your telephone connection, it is your responsibility to let us know so we do not disconnect your phone line.

12. CALLER ID

If your CyberPark Plan includes our Caller ID product with your Personal broadband plans, we will provide this service on the landline you specify. For most incoming calls, Caller ID will display the phone number of the person calling you however your telephone and/or wall socket need to be compatible in order to receive the Caller ID Service. Some incoming calls will not display the number for example where a call is made from a line which has an unlisted number or from a pay phone or another service provider’s network. If you intend to collect or use any calling information provided by the Caller ID product you must comply with the Privacy Act 1993. You agree that you intend to use Caller ID to help identify the calling party, and to call back a phone number displayed or stored on telephone. You will ensure that everyone using your phone, or the numbers displayed on your display screen, understands and meets these responsibilities.

13. TOLLS

13.1 A toll call is any call you make that is not a local call (e.g. national, international and calls to mobile phones). All CyberPark toll calls are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.

13.2 You are responsible for any charges incurred on your CyberPark account for toll calls. This includes unintentional or unauthorised dialed numbers.

13.3 Some malicious software or viruses can lead to toll calls being made automatically on your line. It is your responsibility to make sure you have sufficient security to meet your needs.

13.4 You must be an CyberPark Personal broadband plans customer to sign up for an CyberPark Tolls plan.

13.5 There is a one monthly billing cycle minimum term on all CyberPark business plans.

13. 6 Your Personal broadband plans to mobile calling plan allows for a specified number of minutes to be used for landline to New Zealand mobile calls and these must be used within one monthly billing period. Once your specified numbers of minutes have been used, standard retail rates apply. Unused minutes cannot be carried over into the next billing period.

If you are a business CyberPark Broadband customer, the terms and conditions set out below will govern your use of the CyberPark broadband services, and the contractual relationship between us in addition to the CyberPark Business General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our web Site at www.cyberpark.co.nz

1. AVAILABILITY AND CONNECTION OF SERVICES

1.1 Only one Broadband account can be used on any one phone line. Services are not available in all areas or on all line types.

1.2 In some instances, broadband will not be available in your area for technical reasons such as the distance of your premises from an exchange. Further, you may be placed on a waiting list for Broadband, for example if there is limited capacity at your exchange. We will endeavour to contact you as soon as space becomes available.

1.3 If you are a new CyberPark customer you will need a standard broadband connection to receive CyberPark Broadband.

1.4 You may require connection and wiring services at your premises if you have numerous jack points or any device which also utilizes the telephone line such as a monitored alarm or Sky TV. This will incur a charge as an accredited technician will need to visit your premises in order to get your broadband working.

2. SPEED AND QUALITY OF SERVICE

2.1 Any reference to the data speeds refers to the maximum possible connection speed. Your actual speed depends on a number of factors and we cannot guarantee that you will achieve a maximum connection speed. See our website for further details including the factors that affect your connection speed. Any control we have over data speed is limited to our network and we make no representations in relation to your speed when connecting to servers outside the CyberPark network.

2.2 CyberPark Broadband is not guaranteed to be fault free or continuous.

2.3 CyberPark prioritises certain types of traffic such as web and email. Other types of traffic such as peer to peer (P2P) are deprioritised.

2.4 The quality of the data you send or receive via CyberPark broadband may be affected by various factors including the configuration of our network, the use of the internet, or the configuration of the devices used in sending and/or receiving such data.

3. SUPPORT

3.1 While CyberPark will do everything it can to help you with any problems you experience with your CyberPark broadband, In some circumstances, CyberPark may not be able to provide support in relation to your particular operating system. Further, CyberPark does not have any obligation to provide support to you where:

  • The fault is with your computer, communications equipment, your wireless LAN network, your software, your phone line (unless provided by us) or any other;
  • part of the Internet not forming part of our network;
  • you use the service incorrectly;
  • an event occurs which is beyond our reasonable control.

4. CHANGING YOUR ADDRESS OR PHONE LINE

4.1 If you change your address or phone line, you may be able to take your services with you. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption.

4.2 Should your phone line become permanently disconnected for any reason, we will no longer be able to provide Broadband to you and your disconnection will be taken to be a termination of your agreement with CyberPark for the provision of CyberPark Broadband. Should you wish to enter into a new agreement for Broadband an installation charge and term contract may apply.

5. BILLING

5.1 Charges for Broadband usage will include:

  • Any applicable one-off installation and/or modem charges
  • your CyberPark Broadband monthly fee (which will be charged in advance)
  • any cancellation fee (which will be charged in arrears)
  • any excess usage charges (which are billed one month in arrears)

5.2 The Broadband service is an "always on" connection and whether you use the service or not, you will still be charged the full monthly fee. You cannot claim a refund for any unused portion of your data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period.

5.3 Payment for CyberPark Broadband is by direct debit or credit card only.

6. SERVICES AND USAGE

6.1 In the event that we cancel your Broadband, a reconnection fee may apply if you wish to reinstate your services.

6.2 If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance at the rates set out on our website at http://www.cyberpark.co.nz.

6.3 If you are on an CyberPark Broadband flat rate plan which provides for a fixed data allowance and no overage, where you exceed your monthly data allowance your connection speed will be reduced to a maximum of dial up speed once you reach your monthly data allowance.

6.4 Your CyberPark Broadband Services have free virus and spam filtering on them which are designed to prevent virus or spam from being forwarded to the recipient. Despite this, CyberPark cannot guarantee that spam or viruses will not reach the recipient. Some malicious software (eg viruses, adware, etc) can lead to unexpected use of bandwidth and this in turn can use up your monthly data allowance. You are responsible for all data usage that occurs under your account whether or not the usage is caused by malicious software. It is your responsibility to make sure you have sufficient security to meet your needs and CyberPark recommends you install current anti-virus software on your computer.

7. MODEMS

7.1 If in the unlikely event that you decide to leave the CyberPark network within the agreed term, you will have to return the CyberPark Modem and provided WiFi Devices (Access Point). If the modem and WiFi Devices (Access Point) is not returned, you will be charged an amount to recover the cost of this device and this amount will be advised to you on the CyberPark website from time to time.

I understand and agree to the following:

I am over 18 and authorised to make changes to the account specified above. A credit check will be carried out by CyberPark Ltd. who may choose to decline my application and are not required to specify a reason. I acknowledge that I am changing my service provider and that I may retain obligations to my previous provider which are my responsibility to discharge. These may include but not be limited to disconnection or porting fees.

I acknowledge that some services may not be supported by CyberPark Ltd. Any information about me may be accessed and corrected by me pursuant to the Privacy Act 1993.

If the Customer terminates this agreement prior to the expiry date of this agreement, or if the agreement is cancelled by CyberPark Limited prior to the expiry date due to the default or breach of the Customer, then the Customer shall pay to CyberPark Limited:

(a) the standard Early Termination Fee (ETC) $199 (Completed less than 6months); or $99(Completed more than 6months);

(b) the standard retail price (as at the date of this agreement) of any equipment and/or gift received by the Customer under this agreement.

(c) reconnection fee $150.

I declare that I have read and accept the Terms and Conditions (www.cyberpark.co.nz) as well as the specific terms relating to this offer applicable to my connection.

My first payment will be for any one-off cost as set out above plus any monthly amounts as set out above and any additional usage costs, The second and subsequent payments will be for the monthly amount set out above plus any additional usage costs, plus any amount outstanding. I will be billed on a monthly basis and the due date for bill payments will be the date set out in those bills. I may pay those bills by direct debit. Credit card, or by the methods set out in those bills

*All prices in our website are under New Zealand currency.

If you are a CyberPark UFB plans customer, the terms and conditions set out below will govern your use of the CyberPark UFB plans services, and the contractual relationship between us in addition to the CyberPark General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our Web Site.

1. INSTALLATION AND MAINTENANCE

1.1 If required, we will arrange a time with you to install your CyberPark UFB plans and you will make sure that we can access your property at this time.

1.2 Additional charges may be incurred depending on the status of your current connection and you will be responsible for the payment of such charges.

2. EQUIPMENT

2.1 You will ensure that any equipment you connect to your CyberPark UFB plans has a Telepermit printed on it or has been authorized for use by CyberPark. This helps make sure the equipment does not damage the network but does not mean that it will always remain compatible with the CyberPark network. If equipment which you use in connection with your CyberPark UFB plans does not work properly, you will need to contact the equipment supplier or manufacturer, and not CyberPark, about the problem.

3. YOUR TELEPHONE NUMBER AND PORTABILITY

3.1 Any telephone number we or another telecommunication provider assigns to you will not be your property. You may port the number to another telecommunications service provider by contacting the provider to whom you wish to port such number. CyberPark will comply with its obligations under the Local and Mobile Number Portability Terms in relation to porting. You will be liable for any costs associated with transferring your service to another provider.

3.2 We may change any number we have allocated and will give you reasonable notice of this. We will not be liable for any costs you incur as a result of such change. If you would like to change your telephone number please call CyberPark on 0800 2 29237.

4. OTHER SUPPLIERS AND OTHER SUPPLIER PRODUCTS

4.1 You are responsible for your relationship with any other supplier providing telecommunications services to you. For example, if you have a CyberPark UFB plans but you have your internet services with another supplier, you must notify both us and the other supplier if you change your address.

4.2 If you use the product of another service provider on the CyberPark network (for example, a teleconferencing service from another provider on your CyberPark UFB plans) you may be charged for use of such product at a fee greater than that charged by the third party provider to its customers.

5. YOUR RESPONSIBILITIES

5.1 You agree that you will pay for repairing or replacing any part of the CyberPark network which is lost, stolen or damaged by you or anyone for whom you are responsible.

5.2 You will make sure that any wiring or equipment at your premises, such as alarm systems, do not interfere with any part of the CyberPark network.

5.3 You agree to make sure that every person for whom you are responsible (eg employees, contractors etc) also meets the responsibilities set out in this clause.

6. 0900 CALLS AND LOCAL CALLS

6.1 0900 calls are blocked by default on your CyberPark UFB plans. However, in the event a 0900 call is made from your CyberPark UFB plans you agree to pay:

  • Call charges for 0900 calls made from your telephone through the CyberPark network or charged to you, no matter who makes them
  • Any charitable donations promised during those calls
  • Any other amounts charged to you by the 0900 service providers. Your agreement to make these payments also applies for the benefit of the 0900 service providers and may be enforced by them.

6.2 Local calling is free with your CyberPark UFB plans provided you are on our LLU network (CyberPark Business plans) and you do not dial the local access code when making a local call. If you dial the local access code you will be charged at the relevant CyberPark Toll rate.

7. DIRECTORY LISTINGS

7.1 We will provide your details for the White Pages or its equivalent and for directory assistance by default. You agree that in relation to directory assistance services our liability is limited to seeking to rectify any error as soon as practicable.

7.2 If you do not want your details to be listed in the White Pages or directory assistance, or you require special types of listings please contact CyberPark on 0800 2 29237. Any arrangement you make in relation to such listings however, will be an agreement between you and the directory services provider

8. WIRING AND MAINTENANCE

8.1 CyberPark's wiring and maintenance service is an optional service which covers the cost of fixing, during normal fault service hours, most faults in the telephone sockets and wiring inside your premises which are covered by the service. This service covers:

  • Telephone sockets and wiring which meet and are installed to our specifications
  • Wiring inside your premises, but not external wiring to another building on your premises or from your premises to the network
  • The service does not cover equipment attached to sockets such as extension cables or socket adapters

8.2 Moving, adding or changing sockets which are not faulty is not covered by this service. If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a replacement item you would like us to install instead we will install it providing it meets with our requirements

8.2 CyberPark's wiring and maintenance service does not cover you:

  • In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in CyberPark’s terms and conditions
  • If the fault is caused by deliberate or malicious actions
  • If the fault is caused by other wiring or equipment in your premises.

9. FAULTS

9.1 If you experience a phone line fault please contact us on 0800 2 29237 and we will make every effort to restore your service.

9.2 If the fault was caused by you or people for whom you are responsible, you may be charged a fault diagnosis fee.

9.3 Call diversion is available for faults that last longer than 24 hours.

9.4 You may be liable to pay the relevant call out fee if you cancel a booking for a technician to visit your premises

10. ANCILLIARY SERVICES

10.1 CyberPark supports call waiting, call minder and caller display services. If you switch to CyberPark, services which are provided by your previous telecommunications service provider may not be provided by CyberPark and will not be automatically brought across from that provider. You will need to choose which of the available CyberPark services you wish to receive.

10.2 Some CyberPark Plans will offer a call forwarding service. All calls that are forwarded under this service will incur call charges in the same way as if you had made an outbound phone call to the number being forwarded to. e.g. if you forward your number to a mobile phone, standard landline to mobile charges will apply.

11. CREDIT RESTRICTIONS

11.1 In the event of non-payment we reserve the right to place a temporary disconnect on your phone line. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

11.2 In the event of continued non-payment we reserve the right to disconnect your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

11.3 If you have a medical condition or other special circumstance for which you require your telephone connection, it is your responsibility to let us know so we do not disconnect your phone line.

12. CALLER ID

If your CyberPark Plan includes our Caller ID product with your UFB plans, we will provide this service on the landline you specify. For most incoming calls, Caller ID will display the phone number of the person calling you however your telephone and/or wall socket need to be compatible in order to receive the Caller ID Service. Some incoming calls will not display the number for example where a call is made from a line which has an unlisted number or from a pay phone or another service provider’s network. If you intend to collect or use any calling information provided by the Caller ID product you must comply with the Privacy Act 1993. You agree that you intend to use Caller ID to help identify the calling party, and to call back a phone number displayed or stored on telephone. You will ensure that everyone using your phone, or the numbers displayed on your display screen, understands and meets these responsibilities.

13. TOLLS

13.1 A toll call is any call you make that is not a local call (e.g. national, international and calls to mobile phones). All CyberPark toll calls are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.

13.2 You are responsible for any charges incurred on your CyberPark account for toll calls. This includes unintentional or unauthorised dialed numbers.

13.3 Some malicious software or viruses can lead to toll calls being made automatically on your line. It is your responsibility to make sure you have sufficient security to meet your needs.

13.4 You must be an CyberPark UFB plans customer to sign up for an CyberPark Tolls plan.

13.5 There is a one monthly billing cycle minimum term on all CyberPark business plans.

13. 6 Your UFB plans to mobile calling plan allows for a specified number of minutes to be used for landline to New Zealand mobile calls and these must be used within one monthly billing period. Once your specified numbers of minutes have been used, standard retail rates apply. Unused minutes cannot be carried over into the next billing period.

If you are a business CyberPark Broadband customer, the terms and conditions set out below will govern your use of the CyberPark broadband services, and the contractual relationship between us in addition to the CyberPark Business General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our web Site at www.cyberpark.co.nz

1. AVAILABILITY AND CONNECTION OF SERVICES

1.1 Only one Broadband account can be used on any one phone line. Services are not available in all areas or on all line types.

1.2 In some instances, broadband will not be available in your area for technical reasons such as the distance of your premises from an exchange. Further, you may be placed on a waiting list for Broadband, for example if there is limited capacity at your exchange. We will endeavour to contact you as soon as space becomes available.

1.3 If you are a new CyberPark customer you will need a standard broadband connection to receive CyberPark Broadband.

1.4 You may require connection and wiring services at your premises if you have numerous jack points or any device which also utilizes the telephone line such as a monitored alarm or Sky TV. This will incur a charge as an accredited technician will need to visit your premises in order to get your broadband working.

2. SPEED AND QUALITY OF SERVICE

2.1 Any reference to the data speeds refers to the maximum possible connection speed. Your actual speed depends on a number of factors and we cannot guarantee that you will achieve a maximum connection speed. See our website for further details including the factors that affect your connection speed. Any control we have over data speed is limited to our network and we make no representations in relation to your speed when connecting to servers outside the CyberPark network.

2.2 CyberPark Broadband is not guaranteed to be fault free or continuous.

2.3 CyberPark prioritises certain types of traffic such as web and email. Other types of traffic such as peer to peer (P2P) are deprioritised.

2.4 The quality of the data you send or receive via CyberPark broadband may be affected by various factors including the configuration of our network, the use of the internet, or the configuration of the devices used in sending and/or receiving such data.

3. SUPPORT

3.1 While CyberPark will do everything it can to help you with any problems you experience with your CyberPark broadband, In some circumstances, CyberPark may not be able to provide support in relation to your particular operating system. Further, CyberPark does not have any obligation to provide support to you where:

  • The fault is with your computer, communications equipment, your wireless LAN network, your software, your phone line (unless provided by us) or any other;
  • part of the Internet not forming part of our network;
  • you use the service incorrectly;
  • an event occurs which is beyond our reasonable control.

4. CHANGING YOUR ADDRESS OR PHONE LINE

4.1 If you change your address or phone line, you may be able to take your services with you. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption.

4.2 Should your phone line become permanently disconnected for any reason, we will no longer be able to provide Broadband to you and your disconnection will be taken to be a termination of your agreement with CyberPark for the provision of CyberPark Broadband. Should you wish to enter into a new agreement for Broadband an installation charge and term contract may apply.

5. BILLING

5.1 Charges for Broadband usage will include:

  • Any applicable one-off installation and/or modem charges
  • your CyberPark Broadband monthly fee (which will be charged in advance)
  • any cancellation fee (which will be charged in arrears)
  • any excess usage charges (which are billed one month in arrears)

5.2 The Broadband service is an "always on" connection and whether you use the service or not, you will still be charged the full monthly fee. You cannot claim a refund for any unused portion of your data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period.

5.3 Payment for CyberPark Broadband is by direct debit or credit card only.

6. SERVICES AND USAGE

6.1 In the event that we cancel your Broadband, a reconnection fee may apply if you wish to reinstate your services.

6.2 If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance at the rates set out on our website at http://www.cyberpark.co.nz.

6.3 If you are on an CyberPark Broadband flat rate plan which provides for a fixed data allowance and no overage, where you exceed your monthly data allowance your connection speed will be reduced to a maximum of dial up speed once you reach your monthly data allowance.

6.4 Your CyberPark Broadband Services have free virus and spam filtering on them which are designed to prevent virus or spam from being forwarded to the recipient. Despite this, CyberPark cannot guarantee that spam or viruses will not reach the recipient. Some malicious software (eg viruses, adware, etc) can lead to unexpected use of bandwidth and this in turn can use up your monthly data allowance. You are responsible for all data usage that occurs under your account whether or not the usage is caused by malicious software. It is your responsibility to make sure you have sufficient security to meet your needs and CyberPark recommends you install current anti-virus software on your computer.

7. MODEMS

7.1 If in the unlikely event that you decide to leave the CyberPark network within the agreed term, you will have to return the CyberPark Modem and provided WiFi Devices (Access Point). If the modem and WiFi Devices (Access Point) is not returned, you will be charged an amount to recover the cost of this device and this amount will be advised to you on the CyberPark website from time to time.

I understand and agree to the following:

I am over 18 and authorised to make changes to the account specified above. A credit check will be carried out by CyberPark Ltd. who may choose to decline my application and are not required to specify a reason. I acknowledge that I am changing my service provider and that I may retain obligations to my previous provider which are my responsibility to discharge. These may include but not be limited to disconnection or porting fees.

I acknowledge that some services may not be supported by CyberPark Ltd. Any information about me may be accessed and corrected by me pursuant to the Privacy Act 1993.

If the Customer terminates this agreement prior to the expiry date of this agreement, or if the agreement is cancelled by CyberPark Limited prior to the expiry date due to the default or breach of the Customer, then the Customer shall pay to CyberPark Limited:

(a) the standard early termination fee of $199; and

(b) the standard retail price (as at the date of this agreement) of any equipment and/or gift received by the Customer under this agreement.

(c) reconnection fee $150 (personal plan); or $150 + GST(business plan).

I declare that I have read and accept the Terms and Conditions (www.cyberpark.co.nz) as well as the specific terms relating to this offer applicable to my connection.

My first payment will be for any one-off cost as set out above plus any monthly amounts as set out above and any additional usage costs, The second and subsequent payments will be for the monthly amount set out above plus any additional usage costs, plus any amount outstanding. I will be billed on a monthly basis and the due date for bill payments will be the date set out in those bills. I may pay those bills by direct debit. Credit card, or by the methods set out in those bills

*All prices in our website are under New Zealand currency.