Terms and Conditions
StrataNet’s Agreement with You
1. Your agreement with StrataNet Limited (SN) sets forth the following terms and conditions as basis of contract with you. Our contract with you also includes the application on other side for completion to send back to us. Our contract with you also includes our current price plans. The price plan may change from time to time, but we will notify you of any changes when they happen. Our price plan is available from us, upon request.
2. We may amend these standard terms at any time. This will vary our contract with you. When we do this we will notify you
3. In this contract we use the terms:
a)“Strata Internet (SI)” and StrataNet (SN), “we”, “our”, and “us” to refer to StrataNet Ltd.
b)“you” and “your” to refer to the person who is identified on the front of this form as our customer
c)“Strata Internet ” and “StrataNet” refers to our Internet service.
d)“Network” to refer to any of the networks operated by StrataNet or other carriers used to provide you with various services from us.
e)“Internet” to refer to the World Wide Web
Service Commitment to You
4. (SI) help Desk is available 8am to 5pm Monday to Friday although we do have a message service that permits out of hours call back by a staff member where possible and practical.
Telephone: (Auckland) 0800 950 794 or 09 6363796 or Email: firstname.lastname@example.org for internet connection issues
5.Once you are connected to our Network we endeavour to provide a reliable and quality service. We do not guarantee that the service we provide will be 100% although we expect a high degree of reliability. When your connection is disrupted we will do our best to reinstate our service to you as soon as we can.
6. As this service is of a technical nature, issues and outages will happen although rare and we ask your patience as we do our best to remedy the situation fast and effectively.
7. We will supply the service to you in the best way we believe is necessary. We may choose other carriers and suppliers to provide services or change them at our discretion.
Our requirements of you are that you will:
8 (a) Make sure all information you give us is complete and correct.
b) Agree and adhere with any legal requirements concerning the use of our services.
c) Agree and adhere with any requirements of any other carrier in relation to the use of its network.
d) Ensure everyone you are responsible for also meets these responsibilities.
e) Provide fair and reasonable access to our employees, contractors and representatives authorised by us. (SN) or any other authorised (SN) carrier may require periodically to carry out work for the commencement, operation of services to you and the maintenance of the Network. We will normally carry out this work by appointment and during normal working hours. However, if we need to perform the work at any other time you must provide us with the access we require.
9. We reserve the right to impose a credit limit on your account at any time. You agree that the credit limit imposed by us may be altered at our discretion from time to time without notice.
10. You agree that you will:
a) Pay for all goods and services we provide to you, regardless of whether it is you who uses them unless otherwise stated. Our charges are inclusive of GST unless stated otherwise.
b) Be liable for any charges incurred where your modem/router is programmed to rout traffic overseas without your knowledge or direction. We accept no liability for such charges and may refuse to reverse such charges from your account. It is the customer’s responsibility to safeguard their PC.
c) Notify us immediately if you dispute any charges, give us full details of the reason you are disputing the charges and evidence of the grounds for your dispute. We will not recognize any claim if you do not notify us of any disputed charges within 60 days of the date on which the account in dispute was sent to you. We will look into any claim which is made within the appropriate timeframe and you will comply with our good faith decision on the claim. You must pay the undisputed charges by the due date for payment.
11. You agree that you will pay each account by the due date for payment. If you do not we may also recover from you all legal and other costs incurred by us arising from the collection of any amount which you owe to us and which you do not pay to us when due.
12. You understand that this system of internet is a pay in advance system and not a pay in arrears system like other providers and you will be expected to pay in advance for service.
Invoices and advisements of service
13. Given you have an internet account with us it is assumed you have an email address that will suffice for delivery of your invoice and that you agree to allow your address to be known by us for the purpose of emailing our monthly account. If you choose to not give us an email address we will deliver our invoice and any other notices to a physical address but it is agreed regardless of whether by email or mail, it is your responsibility to keep us up to date with your current address (and e-mail address) so as to ensure no interruption in our supply of services to you. Any failure to inform us may result in the possibility of disconnection assuming your account is not received resulting in account unpaid.
Assignment and Transfer
14. You may assign or transfer your rights and responsibilities under this contract to anyone provided you have (SI)’s prior written consent.
15. We may transfer or assign our rights and responsibilities under this contract to another company and we will give you written notice in advance of our intention to do this.
16. We may also subcontract our responsibilities under this contract to another person or company/ entity.
17.(SN) is not liable for failure to perform our obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
Disconnection or Suspension
18. If you do not meet all or any of your responsibilities under this contract we may suspend or disconnect you from our Network and /or terminate our contract with you.
19. We reserve the right to temporarily disconnect you from our Network if another carrier suspends or interrupts its service to us and that suspension or interruption affects our ability to provide our services to you.
20. We may restrict or suspend your service in an emergency. If we or another carrier or any other appropriate person at (SI) believes that step is necessary/ reasonable to protect persons, systems or other property.
21. If you are suspended or disconnected from our Network for failing to meet any of your responsibilities under this contract you may be required to pay a recommencement fee before you can use our Network again. All costs and expenses of or incurred by us as a result of suspension or disconnection and any recommencement shall be payable by you upon demand.
22. Normal charges, as outlined in your elected price plan will continue to apply during your suspension or disconnection from our Network.
Compensation and Liability
23. If you are a residential customer, you may have rights under the Consumer Guarantees Act 1993 in addition to the rights set out in this contract and the terms of this contract shall apply subject to the provisions of the Consumer Guarantees Act 1993. If, however, you receive goods or services from us for the purposes of a business, then you agree that the Consumer Guarantees Act 1993 will not apply to this contract or any of our business dealings.
24. Per this agreement we make no representation/assurance of condition or warranty of any kind in relation to the goods/ services we provide to you and accept no liability for any direct or indirect or consequential loss or damage of any kind arising out of or attributable to any breach by us of any warranties, conditions or obligations under this contract or negligence or otherwise.
25. The entities referred in this clause will not be liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by this contract: a) our directors, employees, agents, representatives and contractors; other network operators who use our Network and allow us to use their networks, and their directors, employees, agents, representatives and contractors; and b)any person who provides any service which is part of our services, and their directors, employees, agents, representatives and contractors.
26. We will accept no liability for any loss or damage, direct or indirect regards consequential losses, caused by another carrier suspending or interrupting its service to us which affects our ability to provide our services to you or any other cause beyond our reasonable control.
27. If any of our services fail to function properly for whatever reason and you elect a service provided by another carrier, we will not be responsible for that carrier’s service charges.
28. Noting the words of clause 22-25 of this contract and to the degree allowed for by law if, we or another carrier is liable to you for any breach of this contract, or for breach of any other obligation that might be owed to you, our liability shall be limited, at our discretion, to any one or more of the following in clause 27
29. If the failure relates to the provision of services we may elect to supply the relevant services again; or we may pay the cost of having the service supplied again; and if the failure relates to hardware we may replace or supply the equivalent replacement or choose to repair the hardware
30. Irrespective of legal basis any claim of any kind made against us will have a maximum liability to the lesser of the price paid for the goods or services supplied by us which give rise to that claim or the price paid for the goods or services supplied by us to you during any 12-month period.
Personal information and Privacy
31. In the delivery of this contract you understand we by the very nature of the service; and our obligations to you, collect information about you. The information we collect about you may be obtained from you and others and we may obtain information about you when the services offered to you are used, either by you or anyone else.
32. We will/may use the information we hold about you and may exchange information about you with our contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of our business.
33. We will deal with all personal information per the requirements of the Privacy Act 1993.
34. You have the right to not to provide any information sought by us but be aware then, we may not be able to provide our services to you.
35. All information held by us is located via our main office at 72 Grafton Road, Grafton, Auckland. You may advise us or have access to any information held about you to correct any information held by us under the Privacy Act 1993.
36. You agree -we may monitor and record calls that you make to us or that we make to you for the purpose of improving the quality of our service to you.
Terms Separately Binding
37. If, for any reason, any provisions of this contract cannot be enforced or relied on by either of us, all other terms of our contract with you remain binding.
38. A waiver can only release negligent activity, not intentional activity and if for any reason we delay in exercising our rights that will not mean we have waived or given up our rights.
39. If you wish to terminate the contract between us please write to us at PO Box 8416, Grafton, Auckland or e-mail us at email@example.com . Our agreement will end and all charges will cease (at the end of the following pay month) 30 or more days after you given us notice that you wish to end this contract provided you have paid us in full all outstanding amounts due to us.
40. Failure to pay any of the invoices we send you or if you fail to meet your responsibilities to us we may end our contract with you immediately without notice. Ending the contract between us in this way shall not release you from any outstanding obligations or responsibilities you owe to us.
41. On termination of our contract with you, we will cease providing our services to you and all amounts which you owe to us will immediately become due and payable. We shall not be liable to you for any loss or damage suffered, or claimed to have been suffered, by you on or following termination of the supply of our services to you.
New Zealand Law Applies
42. This contract is governed by New Zealand law and any claims made by you must be brought and heard in New Zealand
Data and Hardware terms and Conditions
43.Once you have exceeded your plans’ cap your internet speed will drop to 64kbps (dial-up speed) until the end of the billing month, alternatively you can purchase additional data for $10.00 per 10 GB (gst incl) as per the terms of your existing plan with respect to speed remains the same. This is payable by electronic transfer by credit card over the phone (a surcharge may apply to credit cards)
44. (SN) will reclaim the CPE (client premise equipment) if you are still in term contract post early plan cancellation.
45. Custom data and speed plans are available for those seeking something different to what is included in our current plans. These plans are made and the pricing is decided on a case by case basis depending on the user’s requirements.
46. Delivery of a service is subject to a site test in the first instance and will be based on our considered opinion of the relationship to transmitters with respect to whether we are prepared to come out and undertake said test. Where we do any test it will be at our cost and not subsequently charged
47. If an area requested by prospective customer is in our opinion outside the main coverage and marginal we will notify you at time of call. If you insist on us making a site test based on our maps potentially offering coverage to a fringe area or any area we deem as unlikely to get clear signal, the cost of the test will be at the prospective customer/customer’s expense at a fee of $99.00 gst incl payable in advance before we come out. If that test is successful and a full plan is entered into between (SI) and customer, we will deduct the $99.00 fee off your account.