1. APPLICATION OF THIS SERVICE DESCRIPTION
    1. This Service Description describes, and sets out the specific terms of which Speedster Limited (we, our or us) provides, the Speedster internet services described below (Internet Services).
    2. Unless otherwise stated, capitalised terms in this Service Description have the same meaning given to them in the Speedster Limited General Terms, available on our website at: www.speedster.co.nz (General Terms).
    3. This Service Description, together with the Service Order and General Terms, governs your use and our provision of the Internet Services.
    4. This Service Description was last updated on 1st April 2018.
  2. INTERNET SERVICES
    1. The Internet Services include ADLS, VDSL and fibre services.
  3. AVAILABILITY
    1. The Internet Services are not available everywhere. You can check on our Website to see what Internet Services are available to you.
    2. Speedster fibre services can only be used on a computer that meets certain minimum system requirements. Static IP addresses are only available and allowed to be used on selected Speedster fibre plans and incur a cost of $10.00 per month.
  4. INSTALLATION
    1. Unless otherwise stated, you will be required to pay the connection and/or installation Fees for the Internet Services. You will be advised of any applicable connection and/or installation Fees before commencing any work. Connection and/or installation fees includes the work required to connect your residential or business address to the relevant fibre network.
    2. A standard fibre installation includes the following:
      1. the fibre cable from the street (up to 200m) to your home or business;
      2. the external termination point;
      3. the optical network terminal (ONT); and
      4. installation of a fibre enabled modem called a residential gateway (RGW).
    3. If you are on a 24-month plan, there is no charge for a standard fibre installation.
    4. If you are on a 12-month plan, you will be charged a one-off fee of $99.00 for a standard fibre installation.
    5. A non-standard installation includes the following:
      1. where your home or business is more than 200m from the fibre access point on the street; or
      2. where your RGW is installed at a separate location to the ONT and additional wiring is required.
  5. SPEEDS
    1. Connection speeds for the Internet Services vary due to various factors. The day-to-day performance will also be affected by the number of users of the Internet Services, our Underlying Systems or the network of third party providers that we use to provide the Internet Services to you.
  6. MODEMS
    1. You will need a standard modem or RGW to use the Internet Services. In some cases, an RGW is included with your plan.
    2. You will own the RGW and we are not responsible for it (without limiting your rights under Consumer Guarantees Act 1993 and Fair Trading Act 1986). If you are a Residential Customer, our goods come with guarantees that cannot be excluded under the Consumer Guarantees Act 1993.
    3. We will initially set up and configure your RGW for you. If you make unauthorised changes to the configuration of your RGW which affects the Internet Services, any reset performed by us will be at an additional cost. You will be advised of any additional Fees before you incur them.
    4. If you want the Internet Services transferred to a new copper or fibre line, you may have to pay for the new connection and installation.
  7. LIMITATIONS
    1. The configuration of the systems you use to receive the Internet Services may affect, not only your use of the Internet Services, but our provision of it. For example, certain simple mail transfer protocol (SMTP) service configurations leave you vulnerable to relaying spam; spam may overload our systems.
    2. The Internet Services will only be delivered to your relevant systems when you have the required connection to receive the Internet Services and will be subject to any service availability limitations and any functionality limitations of your systems.
    3. Subject to clause 14, 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 Internet Services we provide to you.
    4. We will not be responsible or liable in any way for the content, information or other material accessed or provided by means of the Internet 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 the Internet Services.
    5. We have not reviewed all or any of the sites linked to the Internet Services and are not responsible for the content of any of those sites.
    6. The Internet Services are delivered to you using other providers’ infrastructure and systems, for example, that of Ultrafast Fibre Limited. We are not liable or responsible for anything which occurs as a result of other providers’ infrastructure and systems.
    7. 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 the Internet Services. You should check with the third party supplier whether there are additional charges and terms which may apply.
  8. FEES
    1. To see current Internet Services Fees, please see [the pricing page of our Website].
    2. The Fees for the Internet Services will appear as part of your monthly bill. Fees include:
      1. any applicable one-off installation, modem and porting charges;
      2. the Internet Services or home package monthly fee (billed one month in advance); and
      3. if applicable, any additional data or phone calling charges (billed one month in arrears).
    3. When you exceed your monthly data allowance, you will be charged additional data charges at the rates set out [on the pricing page of our Website].
    4. Any unused portion of your monthly data allowance will not be carried over billing period to billing period and will not be refunded.
    5. There is a 12 or 24-month minimum term on all new Internet Service connections. If your account is closed before the end of the contract term, you will have to pay the early termination fee set out in the [Service Order/on the pricing page of our Website] (Early Termination Fee).
    6. You will not be required to pay an Early Termination Fee if you are closing your account early in the circumstances set out in clauses 2.4 and 8.4 of the General Terms and in clauses 10.4 and 12.3 of this Service Description.
  9. USAGE
    1. Data usage is based on the amount of data transferred through the Internet Services (both uploading and downloading) and can be expressed as megabytes or gigabyte (1,000 megabytes = 1 gigabyte). This can include overhead data usage which is required for establishing and maintaining the connection.
    2. It is your responsibility to monitor how many megabytes or gigabytes of data you have used. Some viruses can lead to unexpected use of data and this in turn can use up your monthly data allowance. This unwanted usage could lead to you reaching your monthly data allowance faster than you thought.
    3. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus, including denial-of-service attacks and any unauthorised usage and/or unrequested traffic. It is your responsibility to make sure you have sufficient security to meet your needs. We encourage you to contact 06 758 0888 to find out what security options are available.
  10. SERVICE RELIABILITY
    1. We are unable to provide specific performance guarantees, however we are committed to providing consistent and reliable Internet Services.
    2. While we always strive to provide a consistent service, there are a number of factors that influence reliability of our Internet Services. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide the Internet Services at any one point in time.
    3. As the Internet 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 the Internet Services.
  11. CHANGING YOUR ADDRESS OR PHONE LINE
    1. If you change your address or phone line, you may be able to take the Internet Services with you. You will need to contact us at least 10 days prior to moving address or phone line so we can discuss the move, Fees for the change (if any) and any additional Fees for reconnection of the Internet Services.
  12. TERMINATING, CHANGING, REPLACING, RESTRICTING, SUSPENDING SERVICES
    1. There are certain things, that despite our best efforts, we cannot guarantee or provide in relation to the Internet Services. In some cases it may be unavoidable for us to change, withhold, suspend, restrict, replace or terminate any of the Internet 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 Internet Services, or for any other reason we think is reasonably necessary or desirable to do so.
    2. Where we changed or replaced an existing Internet Service we will give you as much warning as we reasonably can. Where we have changed or replaced an existing Internet Service, and we have to do this without providing you with prior notice of the change in order to protect our network, we will advise you of the changes and the impact on you as soon as practicable following the change.
    3. If the change has an adverse effect on you, you may terminate the Service Order for the Internet Services on no less than 10 days’ notice, provided you give such notice within 60 days of the date we notify you of the change. If you do not terminate the Service Order for the Internet Services in accordance with this clause, you are deemed to have accepted the change.
    4. If you terminate the Service Order for the Internet Services in accordance with clause 10.3, you will not be required to pay any Early Termination Fee. In any other case, if you terminate during any minimum or fixed term, you must pay the applicable Early Termination Fee (if any).
    5. You acknowledge that we may suspend, sign out, disconnect, terminate, or delete your Internet Service account (including sub accounts) or any communication session for any particular Internet Service that is “inactive” for a period of time. “Inactive” means that you have not used a particular Internet Service or your account for a period of time, as determined by us, acting reasonably.
  13. INTERCEPTION
    1. We may intercept communications for the purposes of the Department of Internal Affairs’ Digital Child Exploitation Filtering System or otherwise required by law and by using the Internet Services, you acknowledge and consent to this.
  14. DATA STORAGE
    1. The amount of email and data storage available to you on systems to provide you with the Internet Services is limited and some email or data may not be processed due to space restraints.
    2. You agree that it may be necessary for us to establish reasonable limits concerning use of any Internet Services including, without limitation, the maximum number of days that material will be retained, the maximum amount and size of material that may be sent from or received by an account in connection with any Internet Services, the maximum disk space that will be allotted on servers on your behalf, either cumulatively or for any particular Internet Service, such as for storing graphics or photographs, and the maximum number of times and duration you may access any servers in a given period of time.
    3. If the change has an adverse effect on you, you may terminate the Service Order for the Internet Services on no less than 10 days’ notice, provided you give such notice within 60 days of the date we notify you of the change. If you do not terminate the Service Order for the Internet Services in accordance with this clause, you are deemed to have accepted the change.
    4. If you terminate the Service Order for the Internet Services in accordance with clause 12.3, you will not be required to pay any Early Termination Fee. In any other case, if you terminate during any minimum or fixed term, you must pay the applicable Early Termination Fee (if any).
    5. If we and/or our partners or suppliers, acting reasonably, believe that any disk space restraints or limits are, or will be, compromised, and in order to protect our network or that of our partners or suppliers and the use of the Internet Services for our customers, then we and/or our partners or suppliers may delete any electronic mail message, information or data in any other form (together Material), sent by you or addressed to you.
    6. If any Material is deleted and we are able to identify that you are the sender of the Material or the intended recipient, we will notify you as soon as we reasonably can. However, you acknowledge that in some cases we may not be able to identify individually impacted customers and in those cases we are not required to notify you or the sender of that deleted Material.
    7. Any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside the rights set out in these Terms, and are not affected or altered by them (including the exclusion of liability set out below). We have no responsibility or liability for the deletion, corruption or failure to store any information, material or other content maintained or transmitted in connection with any of our Services.
  15. SUPPORT
    1. The stability and performance of the Internet Services can be affected by a number of potential faults. A fault can commonly originate from the network, your modem, or your computer. If the Internet Services are not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.
    2. If you are having problems with the Internet Services, call us on 06 758 0888.
    3. Occasionally network outages do occur. There is no charge for fixing such faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment
    4. If we arrange for a service technician to visit your premises and the technician finds that there are no problems with the network, you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.
  16. FAIR USE
    1. Your use of the Internet Services is subject to fair use. We have developed a fair use policy by reference to average residential and business customer profiles and their usage of our Internet Services. If your use of the Internet Services materially exceeds estimated customer usage patterns over any month, or is inconsistent with normal usage patterns, then your usage is deemed to be excessive or unreasonable.
    2. If your use is deemed to be excessive or unreasonable, we may contact you to tell you that your usage is in breach of our fair use policy. We may then request that you stop or alter your usage of the Internet Services to come within our fair use policy.
    3. If you continue to engage in excessive or unreasonable use after we have requested you to come within our fair use policy, we may suspend, modify or restrict your use and access to the Internet Services, or terminate the Service Order for the Internet Services.