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Terms - Business VDSL - Service Description

Business Broadband VDSL

Service Description

1.0

Introduction

1.1

Vodafone‘s VDSL Business Broadband Services are fixed broadband internet services delivered over the Chorus VDSL network.  The Chorus VDSL network uses VDSL2 protocols and requires VDSL2 compatible equipment.

1.2

This Business Broadband VDSL Service Description applies to business customers who have purchased or use Business Broadband VDSL Services.

1.3

Our Business Broadband VDSL Services are only available if you take a fixed line calling service on the same line under a Business Tolls Plus calling plan.  Our Fixed Line and Broadband Terms and Conditions apply to our provision of the Business Tolls Plus calling plan.

1.4

Your Agreement with Vodafone includes “Additional Terms” that are relevant and apply to your Business Broadband VDSL Service including those referred to in the table in paragraph 2.1.  Other Additional Terms may include any other terms and conditions which are referenced in this Service Description or in your Agreement and/or set out on our website at www.vodafone.co.nz and which apply to services we provide to you under your Agreement.

1.5

This Service Description will prevail to the extent of any inconsistency with any Additional Terms.

1.6

In this Service Description the following definitions apply:

Additional Terms” has the meaning given to it in paragraph 1.4;

Agreement” means your agreement with us under which we provide you with a Business Broadband VDSL Service and which includes any application (including terms and conditions) which you sign or agree to, this Service Description and any Additional Terms;

Appointment” has the meaning given to it in paragraph 6.5;

Charges” means the charges payable to us under your Agreement;

Initial Term” has the meaning given to it in the table at paragraph 2.1;

Pricing Plan(s)” means your chosen plan(s) for your Business Broadband VDSL Service(s) from paragraph 2.1;

Router” means any router that we provide to you as part of your Pricing Plan;

Standard Connection Only” has the meaning given to it in paragraph 6.1 and excludes all factors referred to in paragraph 6.2;

Standard Connection and Wiring” has the meaning given to it in paragraph 6.1 and excludes any factors referred to in paragraph 6.2;

Business Broadband VDSL Services” means any fixed broadband internet services we provide to you in connection with this Service Description;

Vodafone”, “we” or “us” means Vodafone New Zealand Limited and “our” has a corresponding meaning;

you” means the business customer who enters into an agreement with us and “your” has a corresponding meaning.
 

2.0

Business Broadband VDSL Pricing Plans

2.1

The Pricing Plans (including commercial details relating to the Pricing Plans) are set out in the table below:

3.0

Contract Administration

3.1

Without limiting our other rights to vary your Agreement (or its constituent documents and terms) including, without limitation, the Charges, we may vary this Service Description at any time without prior notice to you, if it doesn’t impact on your Charges or materially impact on your Services. Updated versions of this Service Description will be available on our website at www.vodafone.co.nz

3.2

If you give up or terminate the Business Broadband VDSL Service and/or Business Tolls Plus calling plan prior to the expiry of its Initial Term or if we terminate your Agreement or any Business Broadband VDSL Service, or Business Tolls Plus calling plan, prior to the expiry of the Initial Term in accordance with your Agreement, then:

(a) your Business Broadband VDSL Service and/or Business Tolls Plus calling plan (as applicable) will be disconnected and any remaining services may be moved to standard Vodafone fixed services and prices; and

(b) we may require you to pay applicable Early Termination Charges set out in the table at paragraph 2.1.

3.3

You are responsible for any termination payments, fees and charges which are payable to other telecommunications service providers, including where you move any service from another telecommunications service provider to us. 

4.0

Availability of VDSL

4.1

Our Business Broadband VDSL Services are only available sharing the same line concurrently with a fixed line calling service with a Business Tolls Plus calling plan. 

4.2

In addition, our Business Broadband VDSL Services are only available:

(c) where there is VDSL access (which will not be in all areas, for example ADSL-only or fibre-only areas).  The VDSL access network is an extension of the network operated by Chorus;

(d) in areas where there is a suitable lead-in to the building, and where the VDSL technology can be tested after installation and is stable on one of the available profiles; and

(e) if there are no unanticipated costs to us for the installation or operation of your Business Broadband VDSL Service (unless we agree a suitable solution).

4.3

If we know you are in an area where Business Broadband VDSL Services are unavailable you will be advised during the sign-up process.  Some of the other factors that may mean you are unable to receive Business Broadband VDSL Services include:

(f) network availability at your premises;

(g) the suitability of your line characteristics (including the lead-in) or premises wiring;

(h )where required authorisations, licences and consents are not provided for your building premises; and

(i) issues with your building set up and your specific requirements.

4.4

VDSL is a technology that is highly sensitive to distance and interference, and availability cannot be confirmed until the VDSL Connection is built and tested.  In choosing an internal location, we recommend a maximum distance of 90 metres between the data socket and the roadside in front of the building (as laid).  We also recommend no more than 10 metres of patch cable.  Additional distance will result in lower speeds and potentially non-availability.

4.5

If you move site or premises we cannot guarantee you will be able to continue to receive your Business Broadband VDSL Service.  In addition, we make no guarantee that a Business Broadband VDSL Service can be relocated to any other part of your building.  If you request us to move any Business Broadband VDSL Service, we will advise you at the time of your move what service options are available to you.

5.0

Important information about Business Broadband VDSL Services

5.1

The equipment used for Business Broadband VDSL Services is reliant on power.  In the event of a power failure to the applicable equipment, your Business Broadband VDSL Service will NOT work.  Vodafone is not liable to you in relation to any such power failure.

6.0

Installation

6.1

If you sign up to a Pricing Plan for an Initial Term of 24 months, then, subject to the remainder of this paragraph 6, we will waive the cost of either a standard connection and wiring or standard connection only at your premises to receive the Business Broadband VDSL Service during our (or our agent’s) first visit to your premises (“Standard Connection and Wiring”/ “Standard Connection Only”).  Standard Connection Only is available when you bring an active VDSL service to Vodafone.

6.2

Our Standard Connection and Wiring and Standard Connection Only services do not include:

(j) additional work associated with your installation which has additional cost (including additional work which is required due to the quality and capacity of your lines);

(k) any trench excavation;

(l) additional line capacity at your site or new lead-ins at your premises which you request that we install;

(m )wiring from the Main Distribution Frame (MDF) of your premises if your building is fitted with one;

(n) installation, configuration or testing of your Router ( e.g. for LAN); or

(o) any other factor associated with your installation or set-up which we (or our agent) reasonably consider to be non-standard.

You are responsible for undertaking and for all costs associated with the matters set out above.

6.3

To establish a VDSL connection for your Business Broadband VDSL Service, a new line and equipment must be installed.  In addition to the situations described in paragraph 6.2 and 6.7 we (or our agent) may discover at the time of installation (or prior to that time) that additional work which has additional cost is required for your installation due to the quality and capacity of your lines.  Where possible, Vodafone will discuss with you what is required for installation at your property and any installation costs or Charges which will apply. In addition, a new lead-in at your premises may be installed on request, subject to availability, at an additional (non-refundable) Charge which we will notify to you on request. 

6.4

If you order additional line capacity and you are not the owner of the property, or if you occupy a right-of-way or multi-unit dwelling, third party consents may be required.  You must provide us with all information and assistance required to assess any consents that may be required. You must obtain the consent of the owner(s) of your premises to all works being undertaken at the premises and obtain (or assist us or our agent to obtain) all other required authorisations, licences and consents. You acknowledge that we will not be able to provide Business Broadband VDSL Services until all required access, authorisations, licences and consents are obtained.

6.5

If you have not previously taken a similar VDSL service, then the Standard Connection and Wiring includes a full re-install of the line, during which any previous internet service will be unavailable.  Our target outage time is up to 3 hours, including the appointment for your Standard Connection and Wiring (“Appointment”) itself, which is typically 2 hours.  However, we provide no guarantee that we (or our agent) will meet that target and we will not be liable to you under or in connection with your Agreement or at law as a result of any outage.

6.6

We aim to schedule the Appointment within 30 working days of receipt of a fully configured order. If you request an Appointment sooner than 30 working days, we may require you to accept an Appointment at short or no notice.

6.7

You must be present at your Appointment.  You acknowledge that additional Charges may apply if you:

(p) deny us or our agent access to your premises or any part of your premises;

(q) fail to procure all required access, authorisations, licences and consents;

(r) are not present at your premises or cannot provide us or our agent access to your premises or any part of your premises (including if you cannot provide safe and timely access),

to allow us or our agent to install relevant equipment and activate your Business Broadband VDSL Service.

6.8

We will endeavour to give you a courtesy call approximately 30 minutes before your Appointment.  If your building is fitted with a Main Distribution Frame (MDF), you are responsible for providing a RJ45 socket, Premises Wiring (Cat 5e or 6) and a spare port on the MDF.  If this is not ready please tell us prior to the Appointment and we will supply to the MDF and allow your own technician to complete the install.

6.9

Some line characteristics and conditions are not apparent until the line is built and can be tested.  Therefore, in some cases, we (or our agent) may discover once the line is built and tested that we are unable to provide you with a Business Broadband VDSL Service because your lines are unable to support VDSL.  If we (or our agent) discover that your lines are unable to support VDSL (or you cancel the install or Agreement), we (or our agent) will attempt to re-activate your existing internet connection.  However, we cannot guarantee that such reactivation will be successful. 

6.10

We will use our reasonable efforts to meet our target outage time associated with installation of 3 hours, including where we (or our agent) needs to attempt to re-activate your existing internet connection.  However, as characteristics and conditions applicable to installation of VDSL are unpredictable, we cannot guarantee that the installation will be successful or that the target outage time will be met in all cases. 

6.11

Access to the Internet is an additional task after the installation is successfully completed and will be scheduled as soon as practicable.

6.12

The following terms apply to your existing fixed service: 

(s) where we are able to undertake cancellation of your existing fixed service for you, you authorise us to undertake cancellation of your existing fixed service following successful installation of your Business Broadband VDSL Service (without undertaking any liabilities to your existing service provider); and

(t) where we are not able to undertake cancellation of your existing fixed service for you, you remain responsible for cancellation of your existing fixed service (we are not able to undertake cancellation of your existing fixed service for you if your existing service is a fibre service, such as UFB, or a fixed or mobile wireless service, as the industry does not offer the underlying capability to enable us to do so); and

(u) in all circumstances, we strongly recommend that you do not instruct your current telecommunications service provider to end your existing internet service before we have successfully completed installation of your Business Broadband VDSL Service.  If you instruct your current telecommunications service provider to end your existing internet service before we have successfully completed your installation, there is a risk that your current internet service will terminate before we have completed your installation.

6.13

We will supply a Router to you as part of your Business Broadband VDSL Service. You are responsible for installing the Router, which is self-configuring and ready for you to add any private firewall rules.  The Router is sent to the premises designated by you in your application. In the unlikely event that the Router is damaged on arrival please contact 0800 400 888. However, you are responsible for any damage that you or any other third party causes to the Router after its delivery. The Router we provide is powered from your premises.  Disruption of power will affect all services supplied via the Router and we are not liable for any service failure or interruption as a result of a disruption to your power. 

6.14

The lead-in used for your Business Broadband VDSL Service can also support a standard telephony service.  A VDSL Central Splitter is installed on the lead-in and telephone sockets on the same lead-in will not need additional ADSL splitters thereafter. 

6.15

Your Business Broadband VDSL Service will require a data only socket in your premises which supports both VDSL and legacy broadband services, but does require both a different modem cable based on the RJ45 Standard with a matched broadband service.  The data only socket can be placed alongside an existing phone socket placed using Chorus wiring. The data only socket installed will not be capable of supporting a standard telephony service. The data only socket is the demarcation point for your Business Broadband VDSL Service and we are not responsible for any use of the Business Broadband VDSL Service beyond the socket.

7.0

Speed of the Business Broadband VDSL Service

7.1

For VDSL we target a maximum attenuation of 10.8db subject to the other restrictions set out in this Service Description.  The attenuation on the line can only be accurately measured at the end of the installation and any result higher than 10.8db indicates that the download might be faster on ADSL.  If your line cannot support VDSL for this or any other reason then paragraph 6.9 will apply. 

7.2

You acknowledge that statements about the speed of the Business Broadband VDSL Services are based on theoretical maximums and are not guarantees of continuous speed.  Where a download or upload speed is specific, the services are capable of burstable speeds up to the speed stated.  Where a download or upload speed is described as “Maximum” you will only receive the highest speed your broadband connection can deliver.  The actual speed that your broadband connection can achieve may depend on a number of factors which may include the equipment you use (including your computer and Wi-Fi capability), the internal wiring of your premises, the external wiring of your premises, the distance of your premises from the exchange, New Zealand and overseas networks, internet traffic congestion, other environmental factors (see paragraph 7.4), how many other people are using it at the time and the other factors set out in this paragraph 7.

7.3

Your access to the Business Broadband VDSL Service and the available bandwidth is shared with other broadband users. As a result, the performance of your Business Broadband VDSL Service may vary from time to time where there is above average broadband traffic over the network.

7.4

Changes in the environment impacting on our network and your premises can alter the electrical interference encountered, and cause unwelcome VDSL error rates or even instability.  Accordingly, we may tune the Business Broadband VDSL Service each night. You acknowledge that the best speed and performance of your Business Broadband VDSL Service may change as a result of these environmental changes and our tuning of the Business Broadband VDSL Service.

7.5

We expect that your VDSL connection will be faster than an ADSL2+ connection but we cannot guarantee that will always be the case.  We will not provide you with a VDSL service that we know is slower than ADSL2+ unless the alternative is to leave you without a service.  The speed may improve significantly in the first 10 days as we tune the line.  If your VDSL attenuation is more than 10.8db you might benefit from changing to Vodafone’s ADSL2 and you may initiate a plan change via our faults teams.  If you initiate any such change in the first 30 days (and your VDSL attenuation being more than 10.8db is confirmed by our faults team) no ETCs will apply.

8.0

Use of Your Business Broadband VDSL Service

8.1

Unless there is a separate agreement in place between you and us to the contrary, the internal security of your IT and telecommunications networks is your own responsibility. You will maintain strong password strength for all aspects of your LAN network and voicemail password protection to protect your business from malicious attack.

8.2

Restrictions on your Business Broadband VDSL Service

(a) We are not intending to place additional limitations on the amount of broadband data that you can use with your Business Broadband VDSL Service though there are restrictions on your use of the Business Broadband VDSL Service, including that it must not be used:

(i) in a manner which we consider: (A) is or may be detrimental to or interferes with our provision of a service to you or to any other customer; or (B) interferes with our or a third party’s network or equipment;

(ii) for resupply, resale, onsale or any other supply to a third party (whether in whole or in part); or

(iii) for contact centres, telesales, auto-dialing, continuous call forwarding or telemarketing.

(b) Use of your Business Broadband VDSL Service is subject to Vodafone’s traffic management policies. Chorus also applies a traffic management policy on VDSL connections to stabilise the connection.

(c) If we consider that your use of any Business Broadband VDSL Services is not (or will not be) in accordance with paragraphs 8.2(a) or 8.2(b) then, depending on the circumstances, we may refuse your application for a Business Broadband VDSL Service (or any Pricing Plan), your Business Broadband VDSL Service may be shaped or managed, or we may suspend or terminate your Business Broadband VDSL Service or your Agreement with immediate effect.

8.3

Vodafone’s Internet Acceptable Use Policy is published on our website at www.vodafone.co.nz and updated from time to time. Without limiting paragraph 8.2 above, that policy applies to your use of the Business Broadband VDSL Services and we may suspend or terminate your Business Broadband VDSL Service or your Agreement with immediate effect if you do not use the Business Broadband VDSL Services in accordance with that policy.

8.4

You may purchase additional internet data packs where available. If you purchase an additional data pack, you will automatically receive and have access to your additional data pack when you use up your initial bundled internet data quota (or if you use up a previously purchased additional data pack).

8.5

Any unused internet data will not roll over into the next billing cycle. 

8.6

We will send an email notification to the email address you specify in your application about how much internet traffic we have metered when you reach 80% and 100% of your bundled internet data quota and any additional internet data packs you may purchase. Delivery of these notifications is not guaranteed, and does not in any way limit your responsibility to manage the costs you are incurring.

8.7

You will be charged for excess data that you use outside of your Pricing Plan limit (and any additional data packs you purchase) at the rates that are set out on our website at www.vodafone.co.nz

9.0

Reporting of Faults and Support

9.1

Faults in your Business Broadband VDSL Service may be reported to us on a 24x7x365 basis by calling 0800 400 888.

9.2

Our target time to restore your Business Broadband VDSL Service is 1 working day after diagnosis of the fault. Our target restoration period does not include weekends or public holidays. If a fault is reported on a Friday or the day before a public holiday the target restoration period will be on the next working day. We do not guarantee any target restoration period for faults.

9.3

We will not provide fault restoration where a fault is diagnosed as being due to your Router.  However, subject to clause 6.3, we will replace the Router if this is required.

9.4

You acknowledge that Chorus may elect to not repair copper lines and services in areas where it is uneconomic to do so, including areas where Ultra Fast Broadband (UFB) is available.  If this is the case for a fault that impacts on you, we will offer you our most equivalent service.

 

 

 

 


Business Broadband VDSL 80

 

$105 for Business Broadband VDSL Services plus $39.95 for a Business Tolls Plus calling plan

per month (each on a 24 month Initial Term)

Initial Term

24 months

Internet Data (per month)

80 GB

Static IPv4*

Available at a Charge of $8.88 per month (waived on a 24 month Initial Term)

Overage Charges

$1.78/GB

VDSL Router

$149 (waived on a 24 month Initial Term)

Internet Speed

Download/upload speeds of up to 70/10 Mbps

Installation

Self installation of the Router

Standard Connection and Wiring

$220.45 (waived on a 24 month Initial Term)

Standard Connection Only

$88 (waived on a 24 month Initial Term)

Early Termination Charges or ETCs

$199 plus any other ETCs applicable under the Additional Terms.

The ETCs apply to each of the Business Broadband VDSL Services and the Business Tolls Plus calling plan.

Additional Terms**

Fixed Line and Broadband Terms and Conditions

The calling rates and features that apply to the Business Tolls Plus calling plan are set out on our website at www.vodafone.co.nz

Email addresses

10 x vodafone.co.nz email addresses

“My Vodafone” Webspace

30 GB


 * IPv4 addresses are not portable between sites or service types unless we advise you otherwise. IPv6 is currently not available.

Business Broadband VDSL 300

 

$129 for Business Broadband VDSL Services plus $39.95 for a Business Tolls Plus calling plan

per month (each on a 24 month Initial Term)

Initial Term

24 months

Internet Data (per month)

300 GB

Static IPv4*

Available at a Charge of $8.88 per month (waived on a 24 month Initial Term)

Overage Charges

$1.78/GB

VDSL Router

$149 (waived on a 24 month Initial Term)

Internet Speed

Download/upload speeds of up to 70/10 Mbps

Installation

Self installation of the Router

Standard Connection and Wiring

$220.45 (waived on a 24 month Initial Term)

Standard Connection Only

$88 (waived on a 24 month Initial Term)

Early Termination Charges or ETCs

$199 plus any other ETCs applicable under the Additional Terms.

The ETCs apply to each of the Business Broadband VDSL Services and the Business Tolls Plus calling plan.

Additional Terms**

Fixed Line and Broadband Terms and Conditions

The calling rates and features that apply to the Business Tolls Plus calling plan are set out on our website at www.vodafone.co.nz

Email addresses

10 x vodafone.co.nz email addresses

“My Vodafone” Webspace

30 GB


 * IPv4 addresses are not portable between sites or service types unless we advise you otherwise. IPv6 is currently not available.

 

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