wanaka 12

Terms & Conditions

Introduction

This policy provides information on the access available to casual subscribers to the D-Fi wireless network governed by the NZ company D-Fi Limited, and through it to the Internet and the obligations of users when using the networks. The obligations are based on common courtesies; the responsible use of a community resource and the legally enforceable obligations of users to access these networks. Users should note that penalties may apply for any person who commits an offense under legislation or breaches Company rules and regulations. Penalties can range from termination of service to imprisonment, fines and data reduction in your account.

  1. 1. In these terms and conditions “D-Fi Network”, 'D-Fi Wireless', “D-Fi”, “we”, “our” or “us” refers to D-Fi Limited, its successors, assigns or any other person acting on behalf of and with the authority of D-Fi Limited.
  2. 2. “You” or “your” means any person(s) acting on your behalf and with your authority requesting services from D-Fi.
  3. 3. 'Customer' or 'subscriber' means any person or business who uses D-Fi's services and agrees to these Terms and Conditions. 
  4. 4. “Service” or “Services” refers to all goods, products and services provided by D-Fi.
  5. 5. By requesting services from us, you agree to be bound by these terms and conditions and any other terms and conditions that may exist or apply from time to time. 

 

Principles:

  1. 1. The D-fi network, including the Internet (WWW) and e-mail, should be used for personal and legal business only;
  2. 2. Users are to comply with all legislation and D-Fi rules, regulations and policies relating to access and use of the network;
  3. 3. The network is a limited resource and users are to use it in an equitable and fair manner taking account of the rights and needs of others;
  4. 4. Users must act in a courteous and responsible manner in all communications over the network;
  5. 5. The network should not be used to misrepresent or used in a manner which brings D-Fi into disrepute;
  6. 6. The quality standards applied in traditional communication and publishing should also be applied to online communication and publishing;
  7. 7. D-Fi has the right, and obligation, to monitor access to, and use of, the network to ensure compliance with legislation, national rules, regulations and policies;
  8. 8. The security of the network and integrity of users must be assured;
  9. 9. The integrity, completeness and currency of information and data must be ensured and maintained; 
  10. 10. All D-Fi users have the responsibility to notify the System Administrator of possible breaches of the conditions documented in this statement.
  11. 11. You have to protect your electronic devices against any virus, malware or unauthorised access

 

Changes to Terms and Conditions

  1. 1. A copy of our terms and conditions is available on our website or may be emailed to you. We may change these terms and conditions from time to time by changing, removing or adding. It is your responsibility to check these terms and conditions regularly for any modifications or updates.
  2. 2. Your continued use of our services after any change to the terms and conditions indicates your acceptance of those changes.

 

Charges, Invoicing, Refund Policy

  1. 1. You agree that you will pay us for all services that we provide to you, on time, regardless of your use of such services.
  2. 2. If you request a change to your services, it is your responsibility to check whether any specific terms and conditions apply to such new services.
  3. 3. You must pay the fee for any services by the due date shown on your invoice. Your invoice will be sent to you by email to your preferred contact email address. The accepted method(s) of payment are shown on our website when purchasing service or are set out in our invoice to you.
  4. 4. If your payment is overdue, we may suspend or restrict the services provided to you. You will pay for any costs we incur in attempting to recover any overdue amounts from you.
  5. 5. You agree to let us know before the due date if you think that there is a mistake on your invoice.
  6. 6. D-Fi will not give refunds for any purchases of data except where required to under the Consumer Guarantees Act. You can't get refund on unused credit if you change providers or choose to stop using D-Fi Limited. Every case will be considered individually. 

 

Providing services

  1. 1. D-Fi tries to provide a reliable 24-hour-a-day service. However, we do not guarantee that this will be continuous or fault-free. If you experience a service quality problem, we will do our best to resolve it to your satisfaction as soon as possible after notification of such a problem by you. 
  2. 2. D-Fi is not responsible for fixing faults which occur:
    - In your computer or communications equipment including any software used or stored in them;
    - In communications networks owned or controlled by other Internet Service Providers;
    - In anything else which is not part of the D-Fi Network;
    - Because of incorrect service usage.
  3. 3. Speed. Download and upload speeds are in Megabits per Second (Mb/s, Mbps). Advertised speeds refer to the maximum speed possible outside of peak hours.
  4. 4. D-Fi Network, uncontrollable by us factors, eg. Network congestion, your computer configuration, weather conditions can and do influence speeds. 

 

PrePay Data

  1. 1. You pay upfront for data you want/you think you use.
  2. 2. Data you purchased does not expire as long as you have access to your account, meaning as long as you remember your username and password.
  3. 3. We do not refund money for the unused data. See the section Charges, Invoicing, Refund Policy.
  4. 4. Data is applied to your account and is available to use immediately after payment by credit card/internet banking has been approved. Note: internet banking can take a few days for processing.

 

Phone Services Provided by D-Fi Limited

  1. 1. D-Fi Limited's phone service is run over our own private network directly to your house.
  2. 2. We do onsell VoIP phone to you and it is your property.
  3. 3. We can install the phone network by itself or with Internet included.
  4. 4. We do charge you standard monthly fee plus we charge you for any international, national phone calls and to mobiles.

 

Monthly Plans

  1. 1. Monthly Plans are PrePay services which means that you always pay for the following month's service.
  2. 2. Unused data from the Monthly Plans expire at the end of the month. New data is applied on the 1st of each month.
  3. 3. If your payment is overdue, we may suspend or restrict the provision of services to you. You may have to pay for any costs we incur in attempting to recover any overdue amounts from you.
  4. 4. If you change from one pricing plan to another, any revision to the monthly fee for the new plan will take effect from the start of your next monthly billing period.

 

ADSL/VDSL/Fibre services:

  1. 1. ADSL, VDSL or Fibre services (known also as Broadband or Landline services) provided by D-Fi do not tie the customer with a contract.
  2. 2. The installation fee has to be paid to set up no term account.
  3. 3. D-Fi will oncharge the customer for any extra services provided by Chorus to connect the customer to the Network.
  4. 4. Any extra costs will be discussed before proceeding.
  5. 5. If you close your account or change providers, you have to give us 30 days notice otherwise you will be charged for the following month's service.

 

Wireless Hotspot Usage

  1. 1. Usage of the D-Fi wireless hotspot is entirely at the users own risk. D-Fi does not accept any liability for the security or integrity of the data transmitted over its wireless network.
  2. 2. D-Fi does not guarantee the availability of the Wireless hotspot, nor the speed of internet access at any given time.
  3. 3. Data is available to use immediately after payment by credit card/internet banking has been approved. Note: internet banking can take a few days for processing.
  4. 4. D-Fi only provides support for the Wireless hotspot infrastructure, and cannot guarantee compatibility of users equipment or software applications.
  5. 5. It is the user's responsibility to check access to the hotspot login page before topping up.
  6. 6. Any attempt to hack or gain unauthorised access will result in legal action being taken against offenders under the Crimes Act 1961.
  7. 7. D-Fi does not hold nor keep any card details and does not accept any liability connected with the use of Credit or Debit cards, it is the cardholder's responsibility to keep card details secure. Note that all card transactions are encrypted.

 

Understanding of Gear usage and installation fees:

  1. D-Fi Owns all the equipment installed unless explicitly explained otherwise in writing.
  2. D-Fi charges an installation fee based on an estimate of your expected use. To be fair D-Fi must ensure that over time the equipment is paid for and your Internet usage isn't costing D-Fi any money as a result of a too cheap installation fee. If your usage is below 10 GB per month on average for the first 6 months then we expect a $300 installation fee, if your usage is over 10 GB per month on average for the first 6 months then the installation fee is $185. If it is determined that you have been charged incorrectly the installation fee after 6 months, then we will give you the option of paying the difference or us crediting your account with data (if we owe you). If you are unable to pay then we reduce your total data credit by 50% each month to recover costs. We would prefer that you pay a higher installation fee if you could be borderline 10 GB per month, then if you turn out to be that of a regular user, you get a credit of $115 worth of data to your account (at $2 per GB rounded up to the nearest GB) if you paid $300 as the installation fee.
  3. D-Fi gear is configured to work only with D-Fi services.
  4. If there are issues with the gear you agree to permit D-Fi access to it, either remotely or/and physically.
  5. You agree to pay the full cost of repair and/or replacement of any lost, stolen, un-returned, damaged, sold, encumbered or assigned equipment.
  6. If D-Fi's gear is not used, it has to be returned to D-Fi Ltd. The uninstallation and the gear pick up can be arranged.
  7. If D-Fi gear is not used for one year we will contact you.  

 

Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities arising out of your use of our services.

 

Limitation Of Liability

  1. 1. The Internet is provided to you on an "as is" and "as available" basis without any warranty being given in relation to the Web site including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
  2. 2. We make no warranty that the Internet will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs.
  3. 3. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Internet.
  4. 4. We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with these Terms & Conditions for: any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any special or indirect losses whatsoever. D-Fi, its employees and contractors, or any network operator or other person whose services we use to provide services to you shall not be liable for any indirect or consequential loss (including loss of profits, business or goodwill) arising out of any problem notified to us in relation to the supply of goods or services to you.

 

Passwords and Logins

  1. 1. Users are issued with passwords and logins and these are used as the identification code and access method on password-protected systems.
  2. 2. Account passwords may also be required from time to time to access some restricted services. Responsibility and accountability for network security is a shared responsibility of all network users.
  3. 3. It is the responsibility of the network account holder to protect his/her passwords and logins and not divulge them to other persons.

 

Integrity of information and data

  1. 1. Users must not destroy, erase, alter or add to any information on the network unless they are the author/owner/custodian of the information with the right and responsibility to ensure the currency and completeness of the information. To do so is an offence under the Crimes Act 1961.
  2. 2. Users must not impede or prevent access to, or impair the usefulness or effectiveness, of data stored on the network. To do so is an offence under the Crimes Act 1961.
  3. 3. The D-Fi network must not be used to harass, abuse or otherwise seek to offend other users. To do so is an offence under the Crimes Act 1961.
  4. 4. The D-Fi network must not be used to access, store or transfer illegal material, such as child pornography. To do so is an offence under the Crimes Act 1961.

 

Permissible use

The network service is provided for users of D-Fi in undertaking their own personal communications. Use of the Internet is governed by the provisions of the Telecommunications Act 2001.

 

Copyright

  1. 1. Users of the network must respect the rights of copyright owners protected under the Copyright Act 1994 .
  2. 2. Users must not copy material on the network or make material available through the network in breach of the Act.
  3. 3. As a general guide no more than ten percent of a copyrighted item should be copied or stored.

 

Archiving of electronic records

  1. 1. Records may be required to be produced during the discovery process of legal proceedings or in courts of law.
  2. 2. Users must ensure that records relating to communication from D-Fi are retained and retrievable. Users have responsibilities under a range of legislation relating to records, information and data:
  • Archives
  • Freedom of Information
  • Administrative appeals processes, especially records relating to decisions

 

Reporting breaches

  1. 1. Users are expected to report suspected breaches of New Zealand laws and D-Fi regulations, policies and protocols, and any unacceptable behavior which occurs on the D-Fi Network or by a person acting in his/her capacity as a member of the D-Fi Network.
  2. 2. Reports should be directed to the Systems Administrator or General Manager and will be treated in a confidential and responsible manner. Reports will be referred to the appropriate authority for investigation or referred to the appropriate external agency.

 

Monitoring

  1. 1. D-Fi has the right to monitor traffic and content and does record traffic on the network and specific network services.
  2. 2. D-Fi records: URL's of sites visited, the date and time they are visited and the duration of site visits. Network addresses accessing URL's (including caches) and the URL address are recorded and may be correlated.
  3. 3. D-Fi respects the rights of users on the network for valid purposes. However, where there is abuse, or suspected abuse, of the network or network services and facilities, D-Fi reserves the right to inspect individual information and logs contained on our machines and servers and make whatever correlation is required to investigate such abuse or suspected abuse.
  4. 4. By connecting a private machine to the D-Fi network a user has acknowledged that they will be bound by the D-Fi conditions of use of information technology services, including this statement.

 

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

 

References

This statement is based on the following legislation, rules, regulations, policies and guidelines. Penalties apply for breaches of the provisions of many of these documents. Legislation relating to sex, race and disability discrimination apply, and other legislation and rules and regulations may also apply:

  • Crimes Act 1961
  • Telecommunications Act 2001
  • Copyright Act 1994
  • Privacy Act 1993
  • Information Act 1982
  • Consumer Guarantees Act 1993