Terms and Conditions
IFIBRE Limited (“IFIBRE”)
1. Our Agreement
These IFIBRE Terms and Conditions for Customers (“Customer Terms and Conditions”) apply to all of the goods, products, or services of any kind of IFIBRE Limited(referred to as “IFIBRE”, “we”, “us” or “our”) provides. If you have a IFIBRE broadband connection then you will need to read these Customer Terms and Conditions which govern our contractual relationship with you for the provision of IFIBRE broadband (the “IFIBRE Broadband Service(s)”) on our network. The IFIBRE Broadband Services (“IFIBRE Broadband”) are provided to you for your own legitimate uses as described under these Customer Terms and Conditions.
2. The IFIBRE Broadband Services
The IFIBRE Broadband Services are described in:
- these Customer Terms and Conditions (which describe, for example, any service limitations and what charges may apply);
- the IFIBRE broadband product pages, as set out on our website (describing the Service); and
- the "frequently asked questions” about IFIBRE on our website (describing the Service).
Together these make up the "Service Description" for IFIBRE Broadband Services. Links to the pages on our website which set out more detail about the features, prices and other matters about our IFIBRE Services are here.
3. Changes to these Customer Terms and Conditions and our charges
We may change these Customer Terms and Conditions by changing or removing existing terms or by adding new ones at any time. Changes may take the form of completely new terms. If we consider that any change will have a material detrimental effect on you will give you at least 10 working days’ notice of the change. In all other cases we will try to give you notice of any change and/or publish the change on our website. Your continued use of our services after changes have been notified to you in this way indicates your acceptance of those changes.
We may also change our charges from time to time. Where we increase any charges for any of the IFIBRE Broadband Services, we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes.
We may also decide to stop providing any, or any part of, our services to you. If we do this, we will try to give you a minimum of 10 working days' notice or wherever possible one month's notice before we stop providing the Service. The agreement you have with us will remain in place.
4. Signing Up/Joining IFIBRE
Customers wishing to sign up to IFIBRE Broadband, Mobile, Business or Cloud Services must complete the one of the online sign-up processes found at www.IFIBRE.co.nz.
5. Connection and Availability
IFIBRE Broadband is not available in all areas. Occasionally factors like the distance of our equipment from a particular site or address mean we are unable to deliver IFIBRE Broadband, even where IFIBRE Broadband is available in your area.
If your IFIBRE Broadband Service is a naked broadband ADSL or VDSL service, when you connect to IFIBRE Broadband your copper fixed land line will be disconnected. This means that any additional services that you have running over your fixed land line, such as voicemail and caller display will no longer work. Services that require a fixed land line to operate, such as medical alarms, fax machines and pay per view movies through your Sky box (Landline Dependant Services) will not work without a fixed land line.
If you have Landline Dependant Services at your house and you want to continue to use them then you should also purchase a phoneline service from IFIBRE. It is your responsibility to check whether you have any Landline Dependant Services before you sign up for a IFIBRE naked broadband service.
A IFIBRE UltraFast Broadband (“UFB”) service provided on a fibre connection will also not provide a copper based fixed landline.
6. Connection and Installation
You will require a standard broadband connection, which we give you for free unless this is a first-time broadband connection. Our standard connection does not generally require a home visit, however a technician may visit your home to confirm your connection is working, for which there will be no charge.
In some cases you will require a non-standard installation to use the IFIBRE Service and there may be additional charges for this. A technician approved by IFIBRE will visit your home to carry out the installation to get IFIBRE Broadband working at your place. It is generally only required for new builds, or areas where a copper line is not present. We will let you know ahead of time if this is likely to be the case, and an estimate of the cost. We reserve the right to reject orders for non-standard installations on a case by case basis.
Other points to note:
- The activation of your IFIBRE Broadband Service will result in you experiencing a temporary loss of your broadband connection. Normal service is usually resumed within an hour.
- If, despite our reasonable efforts, your IFIBRE Broadband installation fails (e.g. the technician is unable to get the service running), any equipment will remain at your premises and you will not be charged for the installation.
- If you decide to cancel your IFIBRE Broadband order, through no fault of ours or the installer, after you have accepted your order and have been provided an installation date for a non-standard installation, we may charge you a cancellation fee. This will not apply where you do not agree to any additional work or costs.
7. Speed
Broadband is not available in all areas and broadband speeds do vary. Factors which impact on speed include how close your premises are to an exchange, your computer's capability, modem, connection and wiring, Wi-Fi, interference from electrical devices, the location and quality of the websites you choose to view, and any software you may have downloaded (malicious or otherwise).
The day-to-day performance will also be affected by the number of users in your household and also on our network or the network of third parties that we use to provide the service to you.
8. Modem
You will need a modem to use the IFIBRE Broadband Service. We don’t provide modems so you will need to supply your own.
- If you select an ADSL plan you will need an ADSL2 compatible modem and filters that have a Telepermit.
- If you select a VDSL plan you will need a VDSL capable modem and filters that have a Telepermit.
- If you select a UFB plan you will need a VDSL capable modem that has a Telepermit.
We are not responsible for your modem (without limiting your rights under Consumer
Guarantees Act 1993 and Fair Trading Act 1986). You will need to set-up and configure
your modem and computer yourself.
If you want your IFIBRE Broadband Service transferred to a new house, you will have to pay for any non-standard connection and installation required. We cannot guarantee that IFIBRE will be available at your new house.
9. Charges
Charging for IFIBRE is on a monthly prepaid basis. Your first payment will be taken from your nominated credit or debit card on the day of your connection in accordance with the plan you have signed up with, and on the same date every month following, or next business day in the event of a public holiday or other interruption.
For Example: If you connect with IFIBRE on the 3rd of September, your payment for 3rd September to 2nd October will be taken on 3rd September. Your next payment, for 3rd October to 2nd November will be taken on 3rd October.
If your payment fails (e.g. due to credit card expiry, no available funds etc) we will attempt to take payment 2 days later. If this fails, then your account will be suspended for 5 days, giving you an opportunity to update your credit card, but without access to the rest of the internet, before one final attempt will be made. If this also fails your IFIBRE service will be disconnected and you will be unable to re-sign with IFIBRE for a period of 2 weeks, and must pay any outstanding invoices upon re-sign.
Any money paid is not refundable in the event that you decide to leave IFIBRE before the end of your billing month.
10. Changing IFIBRE Broadband Service Plans
A plan change may be requested through our support form on our site. Any movement down to a cheaper plan will be actioned at the next billing date.
Any move to a more expensive plan will be actioned immediately (or later upon request), although extra charges will not be incurred until the following month.
11. Changing, Withholding, Suspending, Restricting, Replacing or Terminating Services
We may, at our sole discretion, change, withhold, suspend, restrict, replace or terminate any of our IFIBRE Broadband Services where, for example, systems or the network are being maintained or otherwise worked on, unavailable or must be protected, to manage network traffic or access to network services (for example, to manage peer to peer traffic types), to improve functionality and attributes of the IFIBRE Broadband Services, or for any other reason we think makes it necessary or desirable to do so.
In most cases, normal charges continue to apply during the suspension or restriction of any IFIBRE Broadband Service.
Where we have changed or replaced an existing IFIBRE Broadband Service, your use of the changed or replaced IFIBRE Broadband Service will show your acceptance of it (and any terms and conditions relating to it), in place of the changed or replaced IFIBRE Broadband Service (and terms and conditions).
You acknowledge that we reserve the right to suspend, sign out, disconnect, terminate, or delete your IFIBRE Broadband accounts (including sub accounts) or any communication session for any particular IFIBRE Broadband Service that is "inactive" for a period of time. "Inactive" means that you have not used a particular IFIBRE Broadband Service for a period of time, as determined by us, in our sole discretion.
12. IFIBRE Disclaimers Relating to Broadband
Availability of IFIBRE Broadband Services
The configuration of your computer, device, systems server or other communication equipment ("Systems") you use to receive our IFIBRE Broadband Services may affect, not only your use of our IFIBRE Broadband Services, but our provision of it. For example, certain SMTP service configurations leave you vulnerable to relaying spam; spam may overload our systems.
Our IFIBRE Broadband Services will only be delivered to your relevant Systems when you have the required connection to receive the IFIBRE Broadband Service and will be subject to any service availability limitations and any functionality limitations of your Systems.
Content Disclaimer
We do not and cannot in any way supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the IFIBRE Broadband Services we provide to you.
You acknowledge and agree that we will not be held responsible in any way for the content, information or other material accessed or provided by means of our IFIBRE Broadband Services. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our IFIBRE Broadband Services.
We have not reviewed all or any of the sites linked to the IFIBRE Broadband Services and we are not responsible for the content of any of those sites.
Third Party Infrastructure, Systems and Services
The IFIBRE Broadband Services are delivered to you using other providers' infrastructure and systems, for example, that of Chorus. We are not liable or responsible for anything which occurs as a result of other providers' infrastructure and systems.
Many of the products and services offered for sale or advertised on, and much of the information provided in connection with, our websites and other services, are the products, services and information of third parties. Third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our IFIBRE Broadband Services.
You should check with the third party supplier whether there are additional charges and terms which may apply.
13. Communication Services
If the IFIBRE Broadband Services include email services, information services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"), you agree to use and access the Communication Services in accordance with these Customer Terms and Conditions and any applicable specific product terms, and only to upload, post, email, or otherwise transmit or access messages and material that are permitted in accordance with those terms.
You (and not IFIBRE) assume the entire cost of any necessary verification, maintenance, repair, correction and/or removal of any relevant Communication Service messages and material.
We are not under any obligation to monitor the Communication Services, but we reserve the right at all times to review messages and materials transmitted and accessed through a Communication Service and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code, or to edit, refuse to post or to remove any message or materials, in whole or in part, in our sole discretion.
We reserve the right to terminate your use of and access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
14. Data Usage
IFIBRE Broadband does not have data caps. However, the IFIBRE Broadband Service is only for residential purposes. It is not intended for business purposes, running server farms, or the like.
We expect you to use the IFIBRE Broadband Services in a responsible and fair manner so that your use of the IFIBRE Broadband Services does not impact other customers.
When using the IFIBRE Broadband Service you should take into account:
- The effect your use of the IFIBRE Broadband Services may have on networks, equipment and other parties.
- Compliance with “netiquette” and internet conventions.
- The fact that such use must not interfere with the availability of any of the services to others or any other services offered by us and other internet providers and carriers to others.
- Illegal Uses – You must not use the IFIBRE Broadband Services in ways that constitute criminal or civil breaches of any statute, regulations, government requirements or any other law (including general or common law) of any country. Those breaches include, without limitation, breach of intellectual property rights (such as copyright, trademarks, patents, trade secrets and confidential information); defamation; breach of obscenity laws and laws as to objectionable publications, such as pornography and hateful materials; fraud; theft; misappropriation of money, credit card details or personal information; breaches of privacy obligations; and breaches of trade practices legislation, examples of which are the Fair Trading and Consumer Guarantees Acts (New Zealand).
- Security and Protection of the Network – You must not use the IFIBRE Broadband Services to breach, or attempt to breach, the security and operation of any network, equipment or any other system. This includes hacking, cracking into, monitoring or using systems without authority; scanning ports (including scanning for open relays); improper configuration of mail servers and FTP servers enabling distribution of spam or unlicensed material by others; interference of service to any user or network (or activities that might encourage such interference by others) including mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks; denial of service attacks or activities which might encourage denial of service attacks by others; unnecessarily excessive traffic (including excessive pings); distributing viruses or other harmful material or software; any communications across the services which do not accurately identify (or disclose in a manner that is misleading) addresses, headers, names and other relevant details; and using our network in any way as a staging ground for any of those breaches or to disable or “crack” other systems.
- Industry Codes – You must not use the IFIBRE Broadband Services in a way that breaches any material standard, code and content requirements produced by any relevant authority or industry body.
- Threats – You may not use the IFIBRE Broadband Services to transmit content of a threatening nature including threats of death, physical harm and defamation.
- SPAM – Sending spam is not permitted.
15. Technical Requirements
Static IP addresses are currently available with the IFIBRE Broadband Service. IFIBRE reserves the right to use Carrier Grade NAT at any time in the future. This will not interfere with most uses of the internet, however a public IP address would still be available upon request.
There is currently no charge for this; however, we reserve the right to implement charging for this in the future.
16. Service Reliability
IFIBRE is unable to provide specific performance guarantees; however, we are committed to providing consistent and reliable broadband services.
While we always strive to provide a consistent service, there are a number of factors that influence reliability of our IFIBRE Broadband Services. For this reason, we do not guarantee connection speed, bandwidth, latency (delay) or bit rate through the network that we use to provide our IFIBRE Broadband Services at any one point in time.
As the IFIBRE Broadband Services can occasionally go down, you should take this into account when choosing this product and what you will want to use it for. We cannot guarantee how quickly we can arrange for resolution of any problems with the provision of our IFIBRE Broadband Services.
IFIBRE Broadband Service is not designed to support commercial grade use and quality of service (QoS) for VoIP or similar services.
17. Support
The stability and performance of your IFIBRE Broadband Service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer.
Support for IFIBRE is online only. We do not have any phone number for you to call us on. Faults can be raised by sending a message through to our email zach@ifibre.co.nz.
The business hours and response times for our fault desk can be found on the same page.
18. Compensation and Liability
The Consumer Guarantees Act 1993
As a consumer customer you have rights under the Consumer Guarantees Act 1993 and this clause does not alter those rights. However, if you use our services for business purposes (or have told or represent to us you will do so) then you agree that that Act does not apply to the Services we provide you.
No Representations
Except to the extent specifically stated in these Customer Terms and Conditions or by law, IFIBRE and any of our related companies ("related company" has the meaning set out in section 2(3) of the Companies Act 1993) and our and their respective officers, employees, contractors, agents and suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful features, or accuracy of information, the services or other materials provided to you, which are provided "as is" without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement of the rights of any third party.
Disclaimer and Exclusion
To the fullest extent permitted by law, you agree that IFIBRE will not be responsible for unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of the IFIBRE Broadband Services or our websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights.
You also agree that IFIBRE is not responsible for any content sent using, or included in, our IFIBRE Broadband Service or websites by any third party.
To the fullest extent permitted by law, in no circumstances will we be liable to you or any third parties for any loss of data, revenue, profits or lost business or any indirect, incidental, consequential, special, punitive or exemplary damages or losses which you may incur as a result of anything we have done or not done, or otherwise in connection with IFIBRE, the IFIBRE Broadband Services, the internet or communications network generally, or your use of any of them, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of damage or loss.
Limited Compensation
To the extent you incur actual and reasonable out-of-pocket expenses (of a nature not expressly excluded above) as a direct result of us failing to meet our obligations to you, we will refund those expenses to you up to a limit of the lesser of:
- An amount equal to our average monthly charge for the affected IFIBRE Broadband Service (or separately identifiable component) over the previous six month period from the date on which our failure first occurred; and
- The maximum amount set out below in this clause.
To be entitled to these remedies, you must give us details of our failure and provide satisfactory proof of the expenses you have incurred within three months of the date on which our failure first occurred.
No Other Remedy
You agree that this clause sets out your sole and exclusive rights and remedies against IFIBRE, any of our related companies, and our and their respective officers, employees, contractors, agents and suppliers in relation to any claims brought by you or any third party, however liability arises.
Limitation
If we cannot rely upon the limitations, disclaimers and exclusions set out above, then the maximum combined amount we and any of our related companies and associated persons will have to pay is:
- $5,000 for any event or series of related events;
- A total of $10,000 in any twelve month period.
Force Majeure
If we are prevented from carrying out any obligation in these Customer Terms and Conditions by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, health pandemic, embargo or any other circumstance beyond our reasonable control, we must endeavour to advise you of the existence and expected duration of the circumstances.
Our performance of these Customer Terms and Conditions will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist.
19. Information About You
Your use of the IFIBRE Broadband Services involves the collection by us of personal information about you, such as your email address, name, home or work address or telephone number. We may also collect demographic information such as your age, gender, preferences and interests.
Where possible, information will be obtained directly from you; otherwise it may be provided from others (with your consent) or generated within the systems used to provide our services.
You may ask to see any information we hold about you and request correction of any incorrect information. We may charge reasonable costs for retrieving and providing this information.
We may provide your personal information to related companies, contractors, credit reference and debt collection agencies, communications network operators and selected business partners to:
- Provide our IFIBRE Broadband Services;
- Recover money you owe;
- Conduct sales and marketing activities;
- Exercise lawful rights.
We do not sell, rent or lease customer information to third parties. We may disclose information where required by law or to protect rights, enforce terms or safeguard interests.
20. Sending Notices
We may send you notices by text message, email, post, telephone call, publication on our website or by public notice in major newspapers.
21. Meeting Our Responsibilities Through Agents and Service Providers
We may have any related company, approved agent or service provider perform any of our rights and obligations under this agreement. Those parties and their officers, employees, contractors and agents will have the benefit of any terms of this agreement which confer benefits on us.
22. Transferring Our Responsibilities
We may transfer all or any part of our side of the agreement to another party. This agreement is personal to you and you may not transfer it or any benefit or obligation under it to any other person.
If you are a business or company and your effective management changes, this will be treated as a transfer and we may end the agreement.
23. Severability
Each term of this agreement is separately binding. If any term is not legally effective, all other terms remain binding and we may replace the ineffective term with one of similar lawful meaning.
24. Waiver
A failure or delay by either party to enforce any rights or powers under this agreement does not operate as a waiver of that right or power. A waiver of any breach does not constitute a waiver of any other or subsequent breach.
25. Governing Law
This agreement is governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of it.