For customers who sign up to InHome from 1 April 2013
1. Our agreement with you
Set out below are our standard terms for InHome internet services customers. These terms are in addition to our standard InHome Residential terms and conditions, InHome Terms and Conditions and together are the terms of our agreement with you for InHome services. If the standard terms conflict with any additional terms, then the additional terms will take precedence.
These terms apply from 1 April 2013. Use of our InHome internet services after 1 April 2013 means you accept these terms.
In these terms:
"we", "us", "our" and "Vodafone" means Vodafone New Zealand Limited, "you" means you, our customer.
“InHome’ and ‘InHome services’ means Vodafone’s TV, broadband and phone line services (excluding mobile) from 1 April 2013 that is only available to residential customers in Vodafone’s cable network in Wellington, Kapiti and Christchurch.
"internet services" means the internet services that we offer as part of InHome from 1 April 2013.
3. Our commitment to you
If you are not already receiving internet services from us we will begin providing the internet services to you within a reasonable time after you order them.
We will always do our best to make sure that you receive reliable and high-quality internet services. We cannot however guarantee that our internet services will always:
operate free of faults;
be free from viruses, other harmful programmes or disabling features; and
be secure or private.
If you do encounter a fault in our internet services you should contact Customer Care and we will work to restore the service as soon as possible. We will not be responsible for fixing any fault with the internet services that occurs because of a fault in your equipment or because you have used the internet services incorrectly or because of any other event beyond our reasonable control, such as problems with the internet or viruses.
From time to time we may temporarily suspend or restrict the internet services so that we can carry out maintenance and development work on our network. We will always try to give you as much advance notice as possible.
4. Your responsibilities
Except where we tell you otherwise, you are responsible for providing the telephone line, modem, computer, hardware, software and all other equipment required to use the internet services. It is your responsibility to keep your systems secure and free of viruses.
In return for us providing the internet services to you, you agree to:
pay for all the internet services that we provide to you (including any additional usage charges) by the due date for payment;
follow our reasonable instructions about using the internet services that we may notify you of from time to time;
use the internet services in a reasonable and responsible manner and in accordance with our InHome Internet Acceptable Use Policy only use the internet services for the purposes that they are provided for;
not use the internet services in any way that is unlawful (including under any law passed after the date of this agreement) or offensive or could interfere with our network, any other operator's network or with another customer's enjoyment of our services;
not use the internet services to publish or distribute any information, software or other material which is unlawful or which a reasonable person would consider offensive, abusive or defamatory (flaming);
not use the internet services to send unsolicited electronic mail to any person for the purposes of advertising or promoting any organisation (spamming);
not use the internet services to gain or attempt to gain unauthorised access to any computer systems or in a manner which infringes our rights or the rights of any other person;
not use the internet services to knowingly transmit any virus or other disabling feature;
take all reasonable care to prevent the spread of viruses, or contamination by virus, of any software or hardware operated by any other person;
ensure that all personal information that you give us is correct, current and complete and provided in a timely fashion;
notify us immediately if any of the personal information that you have provided us changes; and
make sure that anyone else who uses the internet services that we provide to you also abides by the terms of this agreement.
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 internet services (except for the email filtering services described below) and you will be responsible for any additional traffic 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. However you are responsible for ensuring the compatibility with the internet services of, and the support and maintenance of:
firewalls, spam filters, anti-virus and other software; and
modems and other hardware and software.
You will indemnify us against all liability, losses and costs that we incur:
through your failure to do any of the above;
through your failure to perform any other obligation that you have under this agreement; or
as a result of any claim made against us by a third party as a result of your use of the internet services, including as a result of material that you generate or disseminate by using the internet services.
5. Provision of email services
We will always do our best to deliver your email to the destination to which it is addressed whenever this is reasonably possible.
You agree to promptly remove your email from our mail server. We may remove your email data that is in excess of 10 megabytes from our mail server unless you have made alternative arrangements with us. We will not be liable to you for the loss of any such data.
Email identified as being from recognised senders of spam will be automatically blocked from delivery to your mailbox. Other email likely to be spam will be filed in a separate folder in your mailbox which can be viewed via WebMail ("Spam Folder"). We will delete all emails that have been in your Spam Folder for longer than 3 days and we will not be liable for any loss or damage that you may suffer as a result of such deletion. Accordingly we strongly recommend that you regularly check your Spam Folder.
We do not guarantee our email service will:
detect all unsolicited "spam" email received by your mailbox;
not classify valid email that you receive as spam; or
be real time i.e. there may be a delay between sending and receiving email.
We will retain ownership of any email address that is allocated to you as part of our provision of the internet services. If this agreement is cancelled, we may allocate that email address to another customer.
6. Our charges and services
From time to time we may decide to change some of our charges. We will give you 10 working days’ notice before changing our charges. From time to time we may amend or discontinue our internet services and/or our packages of internet services (even if a minimum term applies to those internet services). Where we do this we will endeavour to give you advance notice of this. If we discontinue an internet service or a package of internet services we will endeavour to move you onto the internet service or package of internet services that we consider is most similar to the internet service or package of internet services that we are currently providing to you.
We reserve the right to charge a monthly maintenance fee if you do not connect to the internet using the internet services for 6 months or more.
Where the provision of an internet service is dependant on a third party providing internet services to us, we may not be able to provide that internet service or we may need to terminate that internet service if the third party is unable or unwilling to provide the internet services to us. Where this occurs we will provide as much notice as we are reasonably able and will endeavour to provide alternative internet services to you.
Where you do not agree to the changed internet service or package, or us moving you onto another internet service or package, then except in the circumstances set out in the next paragraph but notwithstanding anything else in these terms you may cancel that internet service or package within 5 working days of receiving our notice.
Notwithstanding the above, we are free to choose the manner in which and the technology by which we provide an internet service. Where we change the manner or technology by which we provide an internet service this shall not be a reason for you to terminate the internet service, provided that the internet service itself remains materially similar.
While we will endeavour to make internet services available to you where we can, not all internet services will be available to all customers and not all internet services will be available in all areas.
7. Paying your bill
Fixed charges will be payable one month in advance. Any additional usage based charges will be payable in arrears.
Please contact Customer Care if you have any questions about your bill. If we agree that we have made a mistake then we will correct the bill. If we find that there is no mistake and the due date for payment has already passed, you agree to pay your bill straight away. If you have not contacted us before the due date shown on your bill then you agree to pay the full amount.
If your account is overdue, we may:
suspend any of the internet services that you have asked us to provide;
charge you any temporary disconnection charge; and
continue to charge you any fixed monthly charge applicable for those services during the period of suspension.
If you do not pay your bill on time and we have to spend money on collecting overdue amounts from you then you will reimburse us for those costs.
Part payment of your bill will not amount to a full and final settlement unless we have agreed to this in writing.
Sometimes charges will not show on your bill until sometime after the month in which they were incurred. You will still be liable for such charges.
8. Ending your agreement with us
A minimum term may apply for some or all of the internet services that you subscribe to from us. We will tell you when this applies.
Unless a minimum term applies to an internet service, you may ask us to stop a particular internet service or cancel this whole agreement at any time and for any reason by giving us 5 working days notice. If a minimum term applies to a service you may stop that service at the end of the minimum term or at any time after the minimum term, in the same way as you are entitled to stop any other internet service. (Any cancellation by you before the end of a minimum term will not be effective until the end of the minimum term unless we have agreed with you otherwise.) You can do this by contacting Customer Care.
We may stop or suspend a particular internet service or cancel this whole agreement at any time without telling you if:
you do not pay for any of our internet services by the due date shown on your bill;
you give us incorrect information;
you have not given us a deposit we have asked for; or
we consider that you have not complied with these terms and conditions, including your obligations under paragraph 4.
We may stop or suspend a particular internet service or cancel this whole agreement (even where a minimum term applies to any internet service(s)) at any time and for any other reason so long as we have tried to tell you in advance.
We may stop providing you with an internet service without telling you if you do not use the internet service for at least 6 months (even where a minimum term applies for that internet service).
If either of us cancels this agreement for any reason you will:
be liable for any applicable disconnection and early termination fees, unless you are terminating because we have changed an internet services;
still have to pay for all services that we provide to you up until the effective date of cancellation; and
pay any fixed monthly charges until the effective date of cancellation or the end of your current billing period (whichever is later), unless you are terminating because we have changed an internet service.
If you seek to cancel an internet service then we may also choose to stop the internet service immediately but still charge you for it until the end of your current billing period or until the effective date of cancellation (whichever is later).
In some circumstances, terminating one internet service may result in us terminating some or all other internet services that we provide to you.
You agree that clauses 4, 8 and 10 will survive cancellation of this agreement.
9. Personal Properties Securities Act 1999 (PPSA)
You may require us to provide certain equipment to you to enable you to use the internet services provided to you.
If we provide any equipment to you, you agree that:
you will not sell, lease, dispose of, or allow any other person to take a security interest in the equipment; and
where the equipment has a total value in excess of $1,500 we can register a financing statement on the Personal Property Securities Register (PPSR) to reflect our interest in the equipment.
Where we exercise our right to register a financing statement, you also agree to:
provide us with such information as we reasonably request to enable us to register a financing statement on the PPSR;
inform us immediately in writing if you intend to change your name, address or contact details; and
to the extent permitted by law you waive your rights under Part 9 (Enforcement of Security Interests) of the PPSA.
10. Our liability to you
Except as required by law or specifically stated in these standard terms or any additional terms we:
make no representations about the suitability, reliability, availability, lack of viruses or other harmful features of the internet services which are provided "as is" without warranty of any kind, including implied warranties of merchantability, fitness for purpose and non-infringement of the rights of any third party; and
are not responsible in any way for the content or quality of the material that you obtain from the internet as a result of your use of the internet services.
To the extent allowable by law:
our liability for any claim, damages, loss or expense that you incur as a result of anything we have done or not done is limited to $5,000 for any event or series of related events and $10,000 for all events occurring in any 12 month period of your agreement with us; and
we will not be liable for any loss of data or any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person or any loss to the extent that it is caused by you, for example through your negligence or breach of contract.
11. Changing these terms
We may change these terms or any additional terms. Except where we have specifically stated in these standard terms or any additional terms another basis on which we may change these terms, we will give you 14 days warning of any change, either in writing to the same email or postal address to which we can send your bills or by notices in major city newspapers.
If you are interested in Fibre, see our current internet plans.