For customers who signed up pre-1 April 2013. Effective 10 March 2008 - 18 September 2009.
This Agreement applies to all customers of the following Vodafone Fixed Limited ("we", "our" and "us") residential broadband services (Services) provided by TelstraClear:
PDQ Speed Plans:
PDQ LaunchPDQ TurboPDQ Max
PDQ Usage Packs:
PDQ 1GPDQ 10G
This Agreement comprises the following parts, which in the event of any inconsistency will apply in the following order of precedence (with the first in the list having greater priority):
these terms and conditions for the Services;the TelstraClear Internet Services terms and conditions;
our standard Residential terms and conditions; andany application form you have completed in relation to your Services.
|2.||Availability of Services|
|2.1||The Services are only available to residential customers with a standard residential telephone line and the Services must be used only on that phone line. Only one broadband account may be used on a Phone Line. To receive PDQ Broadband you must purchase and maintain a HomePlan PhoneLine and direct dial calling with TelstraClear.|
|2.2||The Services are not available in all areas.|
|2.3||If there is a sign-up promotion in relation to the Services, unless expressly stated by us to the contrary, such promotions will only be available to a customer once, this being at the time of the first connection to the Service.|
|3.||Initial Provision of the Services|
|3.1||It may take up to 20 working days (being any day other than Saturday, Sunday or a public holiday in any province in New Zealand) from the day you agree to take the Services for us to begin to provide you with the Services (whether as a transfer or new service).|
|3.2||You will ensure that all information you give to us in relation to your Services is correct and complete. You acknowledge that if you provide us incorrect or incomplete information this may delay the provision of your Services or adversely affect our delivery of the Services.|
|4.||Changes, Upgrades and Downgrades to the Services|
|4.1||You may only change your PDQ Speed Plan once per TelstraClear billing period. We will endeavour to effect any change to your PDQ Speed Plan within three working days. If you change your PDQ Speed Plan part way through a month the charges for your old PDQ Speed Plan and your new PDQ Speed Plan will be pro-rated in accordance with clause 7.3.|
PDQ Speed Plan downgrades incur a charge of $51.11. A "downgrade" is a change in your plan for the Services involving:
a decrease in downstream speed; ora decrease in upstream speed.
|4.3||You may only change your PDQ Usage Pack once per billing month. We will endeavour to effect any change to your PDQ Usage Pack within two working days OR at the end of your current TelstraClear billing period, whichever you have specified.|
|4.4||Upgrades to your PDQ Speed Plan or your PDQ Usage Pack will not be charged.|
|4.5||The number of working days to action a change to the Services begins when a valid and complete instruction is received from you.|
|5.||Changing your Address or the Phone Line|
Due to obligations imposed on us by a third party supplier, if you move your physical address or phone line, you cannot take your Services with you unless you:
cancel your Services; andreinstall your Services at your new address or on your new residential telephone line (for which a connection and/or wiring charge will apply).
You will need to contact us at least 14 days in advance of any move so we can discuss how to minimise any interruption in your supply of Services.
|5.2||If you change your phone number for any reason, this may affect our ability to provide you with the Services. You will need to contact us at least 14 days in advance of any change so we can advise you if this will have any impact on your Services.|
|5.3||You also agree that Telecom New Zealand is authorised to tell us about any change in your phone number or phone line.|
|5.4||Your Services will not work if your phone line or phone number is disconnected. It is your obligation to tell us if your phone line or phone number is disconnected. We will continue to charge you for the Services until such time that you notify us that you are terminating the Services. You acknowledge that we may regard disconnection of your phone line for any reason as termination of this Agreement by you in which case early termination charges for the Services (as described in clause 8.1) will apply.|
|6.||Speed and Usage of Services|
|6.1||You acknowledge that statements about the speed of the Services are not guarantees about continuous speed of your Speed Plan. Where a download or upload speed is specified, the Services are capable of burstable speeds up to the speed stated. Where a download or upload speed is described as Maximum you will receive the highest speed your PDQ Broadband connection can deliver. The actual speed your PDQ Broadband connection can achieve will depend on a number of things including the condition of your telephone line, the distance from your telephone exchange, the equipment you use (including your computer), the time of day you are connecting and the Internet use by others connected to the network at the same time as you.|
|6.2||All traffic (both download and upload) will be counted toward your PDQ Usage Pack.|
|7.1||We will bill you the fixed monthly charge for your PDQ Speed Plan monthly in advance. PDQ Usage Pack charges, modem/ADSL line filter charges, installation charges and early termination charges, will be billed in arrears. Your first bill will also contain the charges for Services provided from the date we began to supply you with the Services up to the date of that bill.|
|7.2||If you use a complete PDQ Usage Pack within any billing month we will automatically add another equivalent PDQ Usage Pack to your account. Unused or partially used PDQ Usage Packs (including credits/usage promotions) cannot be carried forward to subsequent billing months.|
|7.3||Monthly charges for PDQ Speed Plans that are commenced, changed or cancelled part way through a billing month will be pro-rated to the effective date of the commencement, change or cancellation. No other monthly charges will be pro-rated. This means if you commence, change or cancel the Service to which such a charge applies part way through your billing month then you will have to pay relevant monthly charge for the entire billing month.|
|7.4||If you have chosen a three-month payment option for a modem purchased from TelstraClear this means that you have agreed to pay 1/3 of the full purchase price for three consecutive billing months. Should you cancel the Service (in full or in part) before you have paid the full purchase price, you are required to immediately pay the entire balance owing on the modem.|
|7.5||You will only receive a connection credit if you are charged a connection charge.|
|7.6||If you receive other services from us you may receive more than one bill.|
|8.||Cancelling the Services|
|8.1||The Services have a 12 month minimum term. If you cancel the Services (in full or in part) prior to the completion of your minimum term you will be required to pay a $99 early termination charge. This charge will not be pro-rated.|
|8.2||Regardless of any other clause in this Agreement, we may end this Agreement by at least 14 days notice to you because of our obligations to third party service providers, for service delivery reasons, or because you no longer meet our credit criteria. This right to end the Agreement is in addition to our other rights under this Agreement. If we end this Agreement before the end of the minimum term because you no longer meet our credit criteria then you may be required to pay a $99 early termination charge.|
|9.||Changes to the Services, terms and charges by us|
We may, by at least 14 days notice to you:
change our charges for the Services; oramend or discontinue the Services or a plan or package in relation to the Services and where practicable, move you onto another equivalent service or plan or package of services;
provided that if any such change results in an increase in charges, or would otherwise be materially detrimental to you, you may within the 14 day notice period, cancel the Services effective on the date that the change is to take effect. In such circumstance you will not be charged the $99 early termination charge if this was applicable to you and we will refund to you any charges you have paid for Services not provided as at the date of such termination. If you cancel the Service (in full or in part) before you have paid the full purchase price of your modem supplied by us, you are required to immediately pay the entire balance owing on the modem.
|9.2||We may, by at least 14 days notice to you, change these terms and conditions.|
|10.1||The Services include access to the Internet via TelstraClear. Unless we advise you otherwise, to ensure you use TelstraClear as your ISP, set your modem to the use the correct authentication settings as follows: [firstname.lastname@example.org].|
|11.||Your Other Obligations|
You will be responsible for protecting your computer against any virus, unauthorised access or spam. We recommend that you install appropriate firewalls, spam filters and anti-virus software as we do not provide any spam or virus protection with the Services (except for the email filtering services described under your standard internet terms) and you will be responsible for any usage that may result from any virus, spam or unauthorised access. Therefore, to the extent permitted by law, we accept no liability in relation to any virus, unauthorised access or spam experienced by you. For further information on protecting your account from unauthorised use refer to online help.
However you are responsible for ensuring the compatibility of the Services with, and the support and maintenance of:
firewalls, spam filters, anti-virus and other software; andmodems and other hardware and equipment.
You are responsible for managing your Internet usage, and this includes regularly checking the online usage meter.
and email usage notifications. You are also responsible for ensuring that your contact details are correct and current, including your email notification address so that we can contact you with email usage notifications. The usage meter is updated hourly and may be up to 6 hours behind. You will therefore need to take account of your usage since it was last updated.
|11.3||TelstraClear discourages the use of file sharing software. You are responsible for all charges incurred as a result of using this type of software.|
|11.4||You will indemnify us for any damage, loss or cost caused by your actions or through your phone line (including your failure to comply with the obligations in this Agreement) which results in us being liable to third party carriers and service providers.|
|12.||Modem and ADSL Line Filters|
|12.1||You will receive one ADSL line filter with each modem that you purchase from us. If you purchase additional ADSL line filters without also purchasing a modem you will be required to pay postage and packaging for us (or our supplier) to send those ADSL line filters to you.|
|12.2||You are responsible for installing and configuring your modem correctly. If we have supplied the modem to you, we will provide you with a phone number to call for free telephone assistance with installation and configuration.|
|12.3||In the unlikely event that a fault occurs with the modem you may contact us or phone our modem supplier directly (Dynalink - TollFree 0800 653 962).|
|12.4||If we are required to respond to a fault with the Services (including the modem) and it is established that responsibility for that fault does not lie with us (except where the fault is with the modem and responsibility is with our modem supplier) then we may charge you a service fee for that response.|