Terms of Service

Any terms on the sign on form that you submit should be read in conjunction with these terms of service and together these comprise your entire agreement with us.

Please read these terms of service (“terms”) carefully before using TPNET services

You agree to be bound by these terms, and to use our services in compliance with these terms, our fair & acceptable use policy and any other policies and agreements we may establish from time to time.

If you do not agree to these terms and conditions, including any future revisions, you may not use our services.

1 – DEFINITIONS

In this agreement, the following words and phrases shall have the following means unless the context clearly indicates otherwise:

“thepacific.net”, ‘”TPNet” “TPN” “We” “Ours” “Us” means THEPACIFIC.NET LIMITED;

“Customer”, “You”, means an individual or individuals, company or organization who has entered into the agreement with thepacific.net; 

“Agreement” means any agreement including electronic between thepacific.net and the customer for provision of Services and equipment and shall be deemed to include these Terms and Conditions;

“Equipment” means all equipment and software provided to you by TPNET in order to provide the Services;

“Services” means the internet and telecommunications services as specified in the Agreement between TPNET and yourself;

“Voice over Internet Protocol” or “VoIP” means a phone service provided via fibre or fixed wireless connection;

“Consumer” includes: (a) the customer who enters into an Agreement to receive VOIP service; and (b) a person who ordinarily resides at the premises where the VOIP service is supplied. 

“Local Fibre Company” (“LFC”) means your local fibre supplier (if applicable) which is dependent on your location but could be Chorus, Northpower, Tuatahi First Fibre, Enable, Unison Fibre or Network Tasman Fibre

“Terms of service” means the terms and conditions contained in this document and LFC end User terms as per their websites;

2 – SERVICES

TPNET provides its services, as they may exist from time to time (“Service”) to users who pay for these services.

2.1 TPNET shall provide the Services to you with reasonable care and skill. We shall make best endeavors that our Services are reliable and are of a high standard although we cannot guarantee that the Services will be continuous or fault free.

2.2 After an Agreement has been entered into by the parties, TPNET shall as soon as reasonably practical, arrange for the installation of Equipment at your specified site. It is your responsibility at your own expense to secure and maintain all necessary approvals and consents for the installation of the Equipment at your site, and for the right of access for TPNET or their agent to install and maintain the Equipment supplied.

2.3 TPNET may at any time propose to alter the mechanism or method that Services are provided as long as any such alteration shall not, diminish, impinge or otherwise negatively impact on the quality of service.

3 – VoIP (Phone) SERVICES

3.1 VoIP services require a power supply in your home and so should not be relied upon for emergencies.  If you do make a 111 call then it may connect but the operator will not know your physical location so you will need to tell them.

3.2 If there is a power cut at your home then your VoIP phone, Cordless Phones, and many medical alarms will not work. This is of particular concern for vulnerable consumers. 

3.3 If you don’t have an alternative way to contact 111 in the event of a power cut then you can apply to us if you are at particular risk of needing to call emergency services for known medical conditions, personal safety or disability reasons and meet the definition of a vulnerable consumer.  Your vulnerability may be permanent or temporary.  If you qualify, we are required to work with you to provide you with a means to call 111 emergency services at no additional cost to you.

3.4 If you believe that you fall into the vulnerable consumer category then you need to contact us and complete the vulnerable person application form and your risk will need to be supported with evidence from a suitably qualified person.  This information may also be supplied by alternative means if you are unable to complete the form.  You may contact our office on 03 5439094 to discuss or complete the Application-form-ComCom-111-Contact-code-Vulnerable-consumers-022021.

More info here

3.5 Based on the evidence provided we will make a decision within 10 working days on your status as a vulnerable consumer. 

3.6 There is a disputes process if you disagree with our conclusion. A dispute may be referred to the Telecommunications Dispute Resolution service at tdr.org.nz industry dispute resolution scheme or the Commerce Commission for resolution.

4 – REGISTRATION REQUIREMENTS

4.1 The minimum legal age to register for these services is 18.

4.2 We need to be provided with accurate and complete information, including your legal name, physical address where our connection is to be located, telephone number during business hours, and email billing information. You must update to us any changes to this information within 30 days of the change.

4.3 You consent to us sharing information (including personal information) to the extent necessary for us and any service provider to provide services to you. 

4.4 You are responsible for all charges to your account until you terminate your account pursuant to Section 12.

5 – FEES

5.1 Fees for recurring services are payable monthly in advance.

5.2 Invoices are payable 10 days from the invoice date, unless otherwise agreed.

5.3 Dishonored payments will incur a $25 penalty fee.

5.4 We reserve the right to change prices and institute new fees at any time upon thirty (30) day’s prior notice, which may be given by email.

6 – USE OF THE SERVICE

6.1 All equipment supplied during the installation to achieve a connection to our services remains our property, including, but not limited to, all cables, aerials, routers and radios, (Customer Premises Equipment – the equipment we provide to enable your service).

6.2 The equipment is not to be removed or tampered with in anyway without our express permission.

6.3 You must not deface, obliterate or remove any label or mark which identifies the ownership of the Equipment; or do any other act which may adversely affect or prejudice our ownership rights of the equipment.

6.4 If the equipment is at risk you must contact TPNET immediately, and help to prevent damage, or further damage to the equipment.

6.5 You agree to supply at your sole cost electricity sufficient to operate the equipment. To ensure that the Services continue when there is a power cut we recommend you obtain an uninterrupted power supply (UPS) unit.

6.6 You shall be liable for any loss (including by fire or theft), or damage caused to the Equipment. It is your responsibility to effect insurance cover if you elect to do so, against potential liability under this clause.

6.7 The point of demarcation for the install is the “Router” or “Power injector”. All additional services required i.e. network cabling, network cards, I.T. support (configuration) are the responsibility of the customer. On request, we can assist with these.

6.8 We do not accept any liability for damage done to the customer’s equipment or network.

6.9 If our service provision to you is adversely affected by other equipment installed within your property, by people who are not TPN staff, then you may be charged for all costs incurred by us to identify and remedy the issue.

6.10 You agree that we have the right upon reasonable notice, during the term of the Agreement, to enter your specified site in order to maintain, replace, or repossess the equipment where we have reasonable grounds to believe that you are not complying with your obligations under the Agreement.

6.11  For Fibre connections you agree that you will be bound by your particular LFC End User Terms, which relate to the provisions  (including installation) and use of that part of the LFC’s network and/or LFC equipment which is located at your property.

6.11.1 Your LFC may require you to sign a copy of their End User Terms if/when they visit your property for installation.

6.11.2 LFC user terms can be found on each LFC website via the following URLs (which may change from time to time) 

1. Chorus: chorus.co.nz/end-user-terms
2. Northpower: northpower.nz
3. Tuatahi First Fibre: tuatahifibre.co.nz/end-user-terms
4. Enable: enable.net.nz/for-home/end-user-terms
5. Unison Fibre: unison.co.nz
6. Network Tasman Fibre: networktasman.co.nz

7 – FAIR & ACCEPTABLE USE POLICY

7.1 You must use our service in a fair, reasonable and responsible manner and in accordance with standard etiquette for internet users.

7.2 We can at our sole and absolute discretion, choose to manage your connection; disconnect you for a period of time; or terminate your service if we consider that your use of our internet service has been excessive, unreasonable or has breached this Fair and Acceptable Use Policy.

You agree not to use the Internet services or attempt to use or allow the Internet services to be used:

• in any way that is unlawful, is offensive or interferes with another customer’s enjoyment of services or in any way that harasses, menaces or stalks people.
• be involved in material which is unlawful, abusive, obscene, or defamatory.
• to gain or attempt to gain unauthorised access to any computer systems or in a manner which infringes the rights of any other person.
• in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorised control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is TPNET’s or anyone else’s).
• to access or use our or anyone else’s systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data.
• to create, send or alter in any way and by any means (including spoofing and use of third party mail servers), the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other than the originator.

8 – MONITORING THE SERVICE

Reported monitoring of a customer’s service will only be provided if requested in writing by the current account holder, and subject to a monitoring fee or compelled by legislation.

9 – NO WARRANTIES

9.1 You assume full responsibility and risk for use of the Service and the Internet. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. TPNET does not warrant that the Services will be uninterrupted or error-free or that any information, software, or other material accessible via the Service is free of viruses, or other harmful components. TPNET MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH TPNET OR ON THE INTERNET GENERALLY. No advice or information given by TPNET or its representatives shall create a warranty.

TPNET and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Service of the Internet including any indirect, incidental, exemplary, multiple, special, punitive or consequential damages.

9.2 The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you or others accessing the Service through your account. TPNET has no control over and accepts no responsibility for such materials. All content accessed by the customer, through the Service, is accessed and used by you at your own risk, and TPNET, its affiliates, subcontractors, employees and agents, shall not be liable for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to access to such content by you. TPNET specifically disclaims any responsibility for the accuracy, quality and confidentiality of information obtained through the Service. You are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of merchandise provided through the Service or on the Internet.

9.3 This risk of eavesdropping exists on the Internet and other services to which access is provided by thepacific.net as part of the Service. Any sensitive or confidential information (such as credit card numbers or other financial information, medical information or trade secrets) sent by you or to you is sent at your sole risk, and TPNET, its affiliates, subcontractors, employees or agents, shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions.

10 – YOUR REMEDIES

10.1 If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, then your sole and exclusive remedy is to terminate your account with TPNET by one of the methods outlined in Section 12 and discontinue using the Service.

10.2 Our cumulative liability to you for any and all claims relating to the Service shall not exceed the total amount of the Service owed to us. UNDER NO CIRCUMSTANCES ARE WE OR OUR EMPLOYEES, AFFILIATES, OR CONTRACTORS LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY USE OF YOUR ACCOUNT OR THE SERVICE. The limitations in this section shall apply whether or not the alleged breach or default is a breach of a fundamental condition or term, or a fundamental breach, or if any limited warranty or limited remedy fails of its essential purpose.

11 – TERM 

These Terms are binding upon the person/people/company who enters into the service arrangement, from the date the “service” is provisioned, until such time as both parties terminate the “service”.  Note that if the account is terminated due to unpaid invoices you are still liable for the amount owing, plus any fees or interest incurred while obtaining the outstanding balance.  This includes legal fees.

12 – TERMINATION OF ACCOUNT

12.1 During the first 30 days after activation, if you are not completely satisfied with the Service, you may cancel your service and receive a full refund for any monthly access fees and connection charges applicable (but not installation charges) if the equipment is returned to us in good condition.

12.2 You may terminate your account and this Agreement by providing notice of intent to terminate to TPNET at our office at 281 Queen Street Richmond or by email to accounts@tpnet.nz .  Your termination will only be complete upon receipt of written confirmation.

12.3 You may cancel your account at any time but the actual cancellation of your account will occur at the end of the billing cycle in which we receive written notification of your desire to cancel.  All Fibre connections require 30 days’ notice of termination – this is a requirement of the upstream fibre provider.

12.4 Without prior notice, TPNET  may terminate this Agreement, your password, your account, or your use of the Service, for any reason, including, without limitation, if TPNET, in its sole discretion, believes you, or any person who has access to the Service through your account, have violated this Agreement.

12.5 Sections 5, 10, and 15 of this Agreement shall survive termination of this Agreement.

12.6 TPNET may provide termination notice to you by: email addressed to your email account, or by delivery to the address registered for the Service.  All notices to you shall be deemed effective Ten (10) days after they were initially sent.

13 – PAYMENTS AND CHARGES

You shall pay to thepacific.net the following payments:

• any installation and connection fees specified in the Agreement;
• Under our standard terms of trade, invoices are payable 10 days from the invoice date.
• Reimbursements for any costs caused by a dishonored payment from you are payable on demand.
• all reasonable costs incurred for the collection of any overdue debts owed by you to TPNET under the Agreement are payable on demand,
• Reconnection fees after disconnection of Services for non-payment of account are payable on demand.

13.1 You agree to pay the payments referred to above without set-off, counterclaim or deduction.

13.2 TPNET may charge interest at the rate of 5% per month on any payments which remain unpaid after 30 days from the due date for payment.

13.3 If your account is delinquent, services may be restricted, suspended or cancelled at our sole discretion.  We will charge a fee to reinstate the service. Reinstatement is solely a decision of TPNET.

13.4 All charges are considered valid unless disputed in writing within Fifteen (15) days of the billing date. If you have questions about charges to your account contact our Accounts department at +64 3 543 9094 or email accounts@tpnet.nz

14 – NUMBERS, ELECTRONIC ADDRESSES & DIRECTORIES

14.1 TPNET may allocate phone numbers, electronic addresses and other codes to you in respect of the Services. You will not have any ownership rights in those numbers, addresses and/or codes and you may not transfer them to anyone else.

14.2 If required by law or if it is necessary to do so for operational reasons, we may change any phone number, electronic address or code allocated to you. However, TPNET will always give you as much notice as reasonably possible of any such change.

15 – MISCELLANEOUS

All disputes relating to this Agreement or the Service shall be resolved by arbitration.

15.1 This Agreement shall be governed by and construed in accordance with the laws of New Zealand without regard to its conflicts of law provisions. Our failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

15.2 Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party.

16 – PRIVACY

16.1 Any information collected specifically to assess  an  application for vulnerable consumer status will not be used for any other purpose than the determination of vulnerable consumer status, the provision of appropriate equipment to those deemed to meet the criteria for vulnerable consumers, and the monitoring of continued vulnerability for any application stated to be of a temporary nature. 

You, the Customer, authorize us to use any personal information collected about you, for the purposes of:

16.2 Marketing our products and services to you, market research, credit control and debt collection (which includes logging overdue debts and/or liquidated damages owed to TPNET with credit reference agencies); and 

16.3 Instructing employees, subcontractors and suppliers to the extent required to enable us to provide the services.