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Virtual ISP Ltd User Conditions Notice
Agreement with Virtual ISP Ltd (e3) relating to internet access services for non-business
customers
These "Terms and Conditions" apply to non-business users of the Virtual ISP Ltd
Internet access service ("Service"). You must enter into an "Agreement Relating
To Internet Access Services for Corporate Customers" ("Corporate Agreement")
with Virtual ISP Limited if you intend to use the Service for a business purpose.
If you have not entered into a Corporate Agreement you must not use the Service.
If you use the Service without having entered into a Corporate Agreement you will
automatically be bound by the terms of the Corporate Agreement set out on the E3
homepage. If we discover that you are using the Service for a business purpose
and have not signed a Corporate Agreement we may also suspend the provision of
the Service to you and the provisions of the Consumer Guarantees Act 1993 shall
not apply to the Service provided by Virtual ISP Ltd to you. If you are under
18 years of age debts incurred by you through use of this Service may be
recoverable from your parent or guardian. If this applies to you please ensure
that your parent or guardian is made aware that you are using this Service and
that such usage may result in a charge being incurred.
1. Provision of the Services by Virtual ISP Ltd
(a) Virtual ISP Ltd will use its reasonable endeavours to maintain a 24 hour
internet presence for you but draws your attention to the fact that the internet
may be unstable and subject to interruptions which are outside Virtual ISP Ltd's
control. E3 may also need to interrupt the Service to protect your interests and
the interests of other users or to carry out upgrade and maintenance work.
(b) E3 reserves the right to inspect the content and material in your files,
e-mails, postings or web site to ensure compliance with this Agreement or any laws,
regulations or code applicable to this Agreement, to your material or to the use of
the Service. In the event of any breach or any alleged breach of the above, E3 will
be entitled to permit any relevant authority to inspect the same.
(c) E3 will allocate a username and password to you that you must keep confidential
and use when requested to by E3.
(d) E3 will maintain a 24*7 help desk for users. You can use the help desk by
dialling 0800 932 003.
(e) E3 will maintain a Network Status Page where all service impacting issues will be
posted. As this page will have the latest issues, and we will endeavour to keep this
updated with the status every 30 minutes. You should view this page for updates and
information before contacting the help desk.
2. Term of Agreement
This Agreement will be effective from the date E3 makes the Service available to you
and shall continue until terminated by either party on giving to the other 30 days
notice of termination except for non-payment by yourself of charges due such event
reserving for E3, without the giving of notice, the right to terminate the Service at
any time.
3. Your Use of the Service
(a) You will be responsible for obtaining and maintaining your own equipment,
software and communications equipment.
(b) You will ensure at all times that your use of any software provided by E3 and the
Services, including connection of your equipment to the E3 server, is in accordance
with all applicable privacy and other relevant laws, licenses, codes of practice and
regulations.
(c) You acknowledge that the Internet contains material, which may be offensive. If
you view, post, publish, transmit or download offensive material you do so at your
own risk of prosecution.
(d) You acknowledge that the nature of the Internet and its operation means that
neither the Internet nor the E3 server is secure and therefore any information
provided by you over the Internet may not be private.
4. Your Undertakings
You undertake for yourself and for any other party accessing the Service on your behalf:
(a) not to send any message, e-mail or other communication, which is in breach of the laws
of New Zealand or the country in which you or the recipient is present;
(b) not to create and/or introduce any destructive or contaminating program to the Internet;
(c) not to invade the privacy or prevent the quiet enjoyment of other users of the Service
or the internet, including sending unsolicited emails nor to collect or transfer personal
data on individuals without their consent or in breach of relevant privacy laws; and
(d) to maintain the confidentiality of your login names, passwords and other confidential
information relating to your access to the Service or E3.
(e) to provide full and accurate information during the sign-up process.
5. Charges
(a) You agree that you are solely responsible for all use of the Services accessed
through your username and password whether with or without your consent, and will pay
for all such use. In particular you agree to pay for usage of the service after the
completion of any "free usage" period.
(b) You will pay for the Service on a monthly (or annual) basis by credit card or
any other payment method established by E3 at the rate notified to you at the time
of registration and will execute and maintain a credit card form or instruction as
directed by E3 to ensure such payment is made. E3 may vary the charge you pay for
the Service with immediate effect by notifying you by email of such change.
(c) You agree that, if you choose the annual payment option, this fee is for the
period of one year. This fee is non-refundable regardless of the service cancellation
date unless cancellation is requested prior to the renewal of the annual service.
Yearly plans will automatically be rolled on the anniversary date unless we receive
30 days notice in advance.
(d) E3 may advise you by email of payments due by yourself for the Service. The
sending of such email by E3 is deemed to be full notification whether or not you
have not read such email. E3 reserves the right to pursue collection action for
payments due by you and may engage Debtors Collections Agencies for this purpose.
You shall reimburse E3 for all costs incurred by E3 in the pursuit of any collection
action against yourself.
6. Software
E3 grants to you and you accept a non-exclusive and non-transferable license to
use the software provided by E3 for the sole purpose of enabling you to use the
Service and you shall make no attempt to examine, copy, alter, reverse engineer,
disassemble or tamper with such software. If the software is not compatible with
your equipment at the time you attempt to first load it you may return the software
to the retailer where you purchased the software and you will receive a refund of
any charges paid for registration.
7. Indemnities
You shall indemnify and keep indemnified at all times E3 against all actions,
proceedings, costs, claims, demands, liabilities and expenses whatsoever (including
legal and other fees and disbursements), incurred or paid by E3 directly or indirectly
in respect of access to or use of the Service or the internet by you or any person on
your behalf, which is not in accordance with this Agreement.
8. Matters Beyond E3's Control
E3 will not be responsible for any delay in, or failure of, the Service or the
Internet due to any occurrence beyond its reasonable control that prevents or delays
the performance by E3 of any of its obligations under this Agreement.
9. Termination
E3 will be entitled to terminate this Agreement immediately:
(a) if it discovers that you or anyone using the Service on your behalf has been
creating and uploading any offensive material;
(b) if it discovers you have breached any term, condition or provision of this
Agreement or of any relevant legal, regulatory or other authority or body in respect
to the internet or users or the Service; or
(c) if it is no longer in the business of providing the Services.
(d) for non-payment by yourself of charges due.
(e) if it discovers that you failed to provide full and accurate information during
the sign-up process.
In the event of termination of this Agreement by E3 pursuant to clause 9, E3 will
retain all payments made hereunder and deny you access via the Service to any material
or data stored on the Internet.
It is our policy not to accept cancellations or account changes that may result in a monthly
dollar value change over the phone, as a result, please email your request to
Accounts@visp.co.nz
10. Privacy
You agree that E3 may use the personal information provided by you on registration for
the purposes to which you agree at the time of registration.
11. Severability
If any provision of this Agreement is invalid or unenforceable the remaining provisions
will not be affected and will continue in full force and effect.
12. Variations
Virtual ISP Ltd reserves the right to vary this Agreement at any time, and we recommend
that you periodically review the Terms & Conditions of this agreement. If you do
not wish to be bound by the revised terms, you shall discontinue use of the Service and
notify Virtual ISP Ltd.
13. Law
The parties agree that this Agreement shall be construed in accordance with the laws
of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.
The Service is intended to be used in New Zealand only. You are not entitled to use
the Service anywhere other than in New Zealand.
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