Our agreement with you is set forth in these General Terms & Conditions, which apply to everything we sell whether a product or service (collectively referred to as “Services”). Our agreement with you will also include Specific Terms and Conditions set out elsewhere which will impose additional rules to specific services and in specific instances. All references to “we”, “us” and “our”, are to MyRepublic.
Our Agreement with You
Your agreement with MyRepublic comprises of the following parts, which in the event of any inconsistency will apply in the following order of precedence (with the first in the list having greater priority):
- Service Specific Terms & Conditions (e.g. for residential broadband, business broadband, residential voice, business voice, etc);
- these General Terms & Conditions (these are set out below); and
- the Application Form you have completed in relation to your Services.
Eligibility for Our Services
Information Provided in Your Application Form Must be Accurate. We require your personal information in order to process your application for Service. You must make sure that all information you give to us or to any or our suppliers or service providers is correct and complete. Where any information you have supplied to us changes (such as contact details) you must provide us with updated information as soon as possible.
We are Required to do a Credit & ID Check. You authorise us (at our sole discretion) to check your identity (e.g. a Driver Check from NZTA), and your credit status with any credit reference agency and to pass on credit information about you to any credit reference agency at any time. We may decline your application and any request to additional Services or alternatively provide a restricted Service at our discretion including where we are not satisfied with information regarding your credit status. Subject to any applicable privacy laws, we do not have to disclose our credit criteria or the reasons for our decision. We may impose terms as a condition of approving your application (including but not limited to requiring a security deposit). If you are not satisfied with the information about you which we receive from any credit reference agency, you must deal directly with the credit reference agency.
Services May Not be Available. While we try to make Services available to you where we can, not all Services will be available to all customers and not all Services will be available in all areas.
Acceptance of Application. We are not obliged to provide Services unless we accept your application. We can decide whether or not to accept any application.
Requirement to Abide by Terms & Conditions. If you keep to the terms & conditions of your agreement, we will provide you with the Services.
Installation & Site Visits to Your Premises
Required Equipment. If we are providing Services which require equipment to be installed or connected in your premises, we will arrange a time with you to install the Services at your premises. That installation made by done by MyRepublic, a third party contractor, or the Local Fibre Company.
Landlord Approval. If your address for service is rented premises then you agree to ensure that your landlord has given consent for us to install our Services at those premises.
You Need to be Present for a Site Visit. Where we attend at your premises at the arranged time and are not able to gain entry we may charge you for that attendance. Once we have finished work we will ask you to confirm that the installation has been completed to your satisfaction.
Nominate Someone in your Place, for Site Visit. If you are not going to be at your premises on the day scheduled for the install then you may nominate an agent (who must be over 18 years old) to do this on your behalf.
You Must Pay for Costs of Non-Routine Install. Unless otherwise agreed with you, you must pay for any additional costs resulting from non-routine installations.
Our Right to Serve. We reserve the right not to connect Services to your premises for any reason including where we consider it uneconomic or unsafe to do so. We may exercise this right at any time even if we have accepted your application for Services.
Access to Your Premises is Needed by Field Techs. You agree that to perform any work that is necessary for us to supply, inspect, repair or carry out any other activities required to deliver the Services you have asked for, we may use our employees, agents or contractors. The people we send will carry proof of identity. If you do not grant access to your property, this may impact our ability to provide you with the relevant Service.
Site Visits May be Chargeable. You acknowledge that we will be entitled to charge you for each visit and/or for the work carried out in accordance with our pricing and one-time fee schedule.
Our Services are Delivered over a Network
Services Delivered over LFCs. The network consists of all the communications facilities owned by us and other parties with whom we work (for example, Local Fibre Companies (LFC) such as Chorus), and which are used to provide our Services to you. Acquiring our Services does not give you any rights in any part of the network.
Power Failure: Some Services require power to operate. During a power failure you may not be able to use the Services. You may also need to make alternative arrangements if you have a monitored alarm.
Service Availability. We will use all reasonable endeavours to make our services available to you at all times. However our services rely on us using and interconnecting with networks and services owned by third parties. As a result we cannot promise that our services will always be available or fully functioning. If our services are unavailable for any reason we will endeavour to restore service as soon as possible. In supplying the Services we will always use our reasonable skill and care, and we will always aim to provide you with the best service possible, but are not able to guarantee that our Services will be:
- interruption-free, or that any faults or errors will be able to be corrected;
- available at any particular time or location;
- always available, or available for any minimum period of time;
- secure or private; and/or
- free of viruses or other harmful features.
Fixing Faults. To report a fault, contact us and if we need to arrange for someone to visit your premises, we will do our best to arrange a time that is convenient to you. If it is found that there is no fault, or the fault was caused or contributed to by you or your equipment, we may need to charge you for this.
Testing & Directions Given to Get Service Up. Allow us to test the configuration of your equipment from time to time and comply with any directions given to you to reconfigure your equipment if we reasonably believe it is necessary to do so.
Customer Service Monitoring. To make sure we’re always giving you best possible service, we may monitor and record phone conversations you have with our team. We’ll use these to shape our training where we can.
Network Monitoring. We reserve the right to monitor data volume and/or types of traffic transmitted via Internet access, which we may be required to do by law. In the event that your use does not comply with the terms & conditions, or policies, which you can read on our Website, we reserve the right acting reasonably and in good faith and based on reasonable grounds to reduce, suspend or terminate your Internet access. During any time of such reasonable reduction or suspension, you will remain liable for the payment of your Service charge.
In Premise Equipment & Wiring
Use of Your Equipment is Required to Access the Service. All our Services must be accessed via equipment. Unless we agree otherwise, you must obtain and maintain at your own cost all equipment necessary to access our Services.
Use of Equipment Supplied to You as part of the Service. Some equipment may be provided to your use as part of the Service. You will follow our reasonable instructions about use of this equipment. You will not tamper or interfere with such equipment (including introducing any viruses or disabling mechanisms into Our Equipment). You agree to never interfere with such equipment or with any part of the network, even if it is on your property. Only people we authorise may work on the equipment or on the network. You will return any such equipment when you give up or we stop providing the Service, unless we agree otherwise. If you don’t return the equipment, we may charge you for it. You agree to pay for the repair or replacement of any equipment provided to your use as part of the Service that is lost, stolen, or damaged whilst under your control. We recommend that you cover this risk under your insurance policy.
Third Party Equipment. We cannot guarantee compatibility of equipment or provide on-going support for third party equipment used to access the Service. If you have acquired any equipment from us, or from one of our dealers or Agents, all claims in relation to those products are likely to be covered by the warranty, if any, offered by the relevant manufacturer. You will also have any rights available to you under the Consumer Guarantees Act 1993. You are responsible for maintaining any equipment under your care and control that is relevant to access the Services, including phones, computers, and gateways. Any equipment which you connect to the Service must meet with all relevant laws and regulations.
Use of your Wiring. You are responsible for wiring maintenance in your premises. We are not responsible for your in-premises wiring working properly.
Responsible & Acceptable Use of our Services
Acceptable Use Policy. Your Service remains subject to Acceptable Use rules set out in our Acceptable Use Policy. Together with these terms and conditions, it is part of your legally binding relationship with us. We will notify you of any proposed changes to the Acceptable Use Policy in accordance with and subject to your rights as set out under the clause of this Agreement headed Changing & Modifying this Agreement.
Username & Password. You will keep your MyRepublic username and your password confidential and secure. The security of your account is your responsibility, and you agree to change your password at regular intervals. If you think that your user name or any other MyRepublic username or password has become known to any unauthorised person or may be used in an unauthorised way you must inform us immediately.
Dynamic IP Addresses. You acknowledge that we may change your Internet Protocol (IP) address from time to time without giving you notice.
Service Announcements. We reserve the right to email or sms service announcements to you, including bulletins describing changes in terms and conditions.
Fair Use Policy
A Fair Use Policy applies to our Services to ensure that all eligible customers are able to access our Services. Together with these terms and conditions, it is part of your legally binding relationship with us. If you do not use the Services in accordance with our Fair Use Policy (unless we have stated that it does not apply), we may restrict or suspend your use of the Services. We will notify you of any proposed changes to the Fair Use Policy in accordance with and subject to your rights as set out under the clause of this Agreement headed Changing & Modifying this Agreement.
Paying for your Services
You are Responsible for Payment. You agree to pay for the Services we provide for you, no matter who uses them. For example, you are responsible for the charges for anyone else’s use of your telephone or your Internet. You should raise any concerns about unauthorised use of the Services with us immediately on becoming aware of any unauthorised use, in which case we will consider, acting reasonably and in good faith, who ought to bear responsibility for the charges.
Monthly Billing. We will bill you monthly based on your Service activation date.
Payment Due Date. Your account balance is due on the due date set out in our invoice to you. Please pay your invoice by the due date.
Pricing. Your bill will reflect the prices and charges based on our applicable price and fee schedule.
Please Pay on Time. You must ensure that your payments are received by MyRepublic by the due date for payment shown on your bill.
Disputing Charges. If you wish to dispute any charges, you must do so in writing before the due date. If you choose to dispute any charges which you have paid, you have one year from the date of the invoice, to do so. We will respond to you in writing within thirty days from the date we receive your dispute letter. An administrative charge may be levied for retrieving any record in relation to the disputed charge.
Modes of Payments. You can only pay your bills using the modes of payment permitted by us which includes payment by debit or credit card.
Valid Payment Details. You will not use an invalid or false credit or debit card or an out of date debit/credit card.
Sufficient Funds. You will ensure that there are sufficient funds available in your account registered with us to pay for Services charged by us.
If You Do Not Pay on Time. If you do not pay a bill by the due date for payment set out on it, any or all of the following may occur:
- you may be required to pay any costs that are incurred by anyone (including agents) in recovering the money you owe, or in exercising any other rights, including commissions, credit collection and legal costs on a solicitor and client basis; and/or
- we may withhold, suspend, restrict or terminate any Service we provide for you.
E-Billing. You consent to receive your bill from us, electronically. Our bills to you shall be sent by email via our E-billing service, and you must provide us with a valid and up-to-date email account. The accuracy of that email address is entirely your responsibility. You shall remain fully liable for any bills for which notification has been sent to your email address. We reserve the right to modify the E-billing service at our discretion. You will remain fully responsible and liable to pay any bills of which notification has been sent to your email address regardless of whether or not you access that email account and read the relevant email or are disconnected from your email account for any reason. We cannot guarantee uninterrupted and/or reliable access to the E-billing service and make no guarantees whatsoever as to its operation, availability, functionality, that it will be free of error or disruption or otherwise.
Reminders and Late Fees. We normally send reminders for late bill payments. We may charge interest on the outstanding amount at 1.5% per month from the date the outstanding amount was due and payable calculated on a daily-basis, or such other rate as we may prescribe from time to time.
Deposit & Credit Limit. We may ask you for a deposit (as we believe to be reasonable in the circumstances) for the Service as security for the performance of your obligations to us, debt management and prevention of fraud. A deposit does not relieve you from your obligations to pay our charges, and you cannot require us to apply this deposit in payment of our charges to you. We may, at our discretion, use this deposit to offset any amounts outstanding under your account. The deposit will be returned to you, without interest, after this Agreement is terminated and all outstanding charges are settled. We may also set a credit limit for your account with us as may be reasonably necessary for your specific circumstances and amend that amount from time to time, after giving you reasonable notice of the new credit limit. If you exceed any credit limit, we will do our best to contact you to tell you the amount you need to pay to get back within your credit limit. You must pay that amount within 24 hours after we contact you. This applies whether or not we have sent you a bill for the charges. If you fail to do so, we may restrict or suspend all or part of our Services without notice.
Price Changes. We will notify you of any proposed price changes in accordance with and subject to your rights as set out under the clause of this Agreement headed Changing & Modifying this Agreement.
Product Description, Promotional Offers, Pricing
Product Description and Pricing. In the event that the description or pricing of our Services, as offered or as published in our pricing and fee schedules, is inaccurate or otherwise misleading, you may have rights under the law, including under the Consumer Guarantees Act and the Fair Trading Act. Where we discover an honest mistake on our part has resulted in errors of description or pricing of our Services we will correct such errors. Where you do not wish to accept the corrected description or pricing of the Services your remedies are limited to your rights under the law, including under the Consumer Guarantees Act and the Fair Trading Act, or the right to discontinue your use of the Services without any offer of refund of payment.
Offer Eligibility and Validity. From time to time, we may make promotional offers each of which may have specific eligibility requirements, validity period, early termination charge, and other terms which will be set out in the specific promotional offer. Each promotional offer is valid until a date determined at the sole discretion of MyRepublic, and may be withdrawn earlier in the event of higher than expected take-up. Promotional offers will only be available to new MyRepublic customers or existing MyRepublic customers who are not subject to an existing contract.
Free Trials. From time to time, we may let you try certain services for free, subject to the terms of such trial promotional offer. We also have the right to withdraw these trial services at any time and without giving you notice. You agree that upon the expiry of the free trial period as specified in the service offer with you, the full stipulated charges for that Service shall commence to apply.
Changing Service Address
If you move house then you will need to stop the Services that we are providing to you at your old address. You therefore agree to give us at least 14 days’ notice before you move house, otherwise you will still be responsible for paying for the Services that we provide to your old address. We may, at our sole discretion, permit the transfer of Service account from the old to new occupant of the premises.
Depending on where you move to, we may or may not be able to provide you with the same Services. Early termination charges will apply in such situations, if the original Service contract has not yet expired, and it cannot (for any reason) be relocated to the new address.
Changing Service Provider
You acknowledge that where you are changing Service provider:
- if we are your new Service provider we will only provide those Services agreed with you, and if there are some Services we cannot provide, you will need to ensure these will continue to be provided to you by your previous Service provider;
- there may be consequences (such as changes in price or availability of Service) with your previous Service provider for Services still provided by it;
- you remain subject to the terms and conditions of use of your previous Service provider for Services provided by it and you will remain liable for all charges that you owe to it, including unbilled charges and termination charges; and
- you will need to ensure that your account with your previous Service provider has been properly terminated and closed.
Personal Data & Protection
The Privacy of Your Data is Important to Us. The privacy of your personal data is very important to us, and we look after your details carefully. We adhere strictly to applicable laws and regulation in New Zealand
Use of Your Personal Data. By having the Services we provide activated in your premises and/or by using them you are giving us your consent to use your personal information for:
- billing, planning, provisioning;
- credit assessment, debt management, preventing fraud;
- telemarketing, research, outsourcing, special offers and rewards;
- facilitating interconnection and inter-operability between operators for the provision of Services; and/or;
- providing assistance to law enforcement, or other government agencies.
Use of Personal Data for Business Purposes. You agree that we can collect information about you (such as your address and phone number and evidence that you will be able to pay for our Services) and the ways in which you are using the Services. You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations.
Changing & Modifying this Agreement
By Us. We may, at any time, improve, modify or delete any of our terms and conditions, specifications, and/or our charges and price plans and/or withdraw, suspend or change any of our Services provided that if you are under a fixed term contract we will only do this with your consent or if the change is made as a result of a change in regulation or a change in terms and conditions of supply by a third party network supplier to us (including Chorus or an LFC) which directly impacts the Service. We will do our best to give you notice of the change at least one month before the change takes effect and will in any event give you notice at least ten days before the change takes effect, unless the change is immediately and necessarily required by law, for security reasons, to prevent fraud or for technical reasons. Any changes will be published on our Website, and in addition where any change can be reasonably deemed to have a detrimental effect on you we will give you individual notice of the change. If you are under a fixed term contract and reasonably claim that the change has a detrimental effect on you, you will have the right to either terminate your Service or change plans without any early termination charge or transfer fees, provided any incentives provided to you at the commencement of the fixed term contract have been fully recovered, if we go ahead with the change. If you are under a fixed term contract and the change does not have a detrimental effect on you, or you are not under a fixed term contract, we may make changes provided we give you notice of such changes as provided above.
By You. You may apply for additional Services or request changes to be made to existing Services, by communicating with our Customer Support team. There may be an early termination charge to you if you cancel or downgrade your Services.
Suspending our Services
Service Suspension or Restriction. We may suspend (or restrict your use of) any or all of the Services immediately without notice if:
- you do not pay any charges by the due date;
- you exceed any credit limit in place;
- you become (or we can reasonably demonstrate that you are likely to become) insolvent;
- you die or, in the case of a partnership, it is or we can reasonably demonstrate that it is intended to be dissolved;
- you do not abide by the terms and conditions in this Agreement;
- you are abusive to us or any other person or you make abusive, offensive, malicious or nuisance calls or communications, or use any of our Services in an offensive way;
- we (or our agents, contractors or suppliers including an LFC) need to carry out any maintenance, repairs or improvements to any part of the services or the system. We will always do our best to contact you before doing this, but may not be able to do so in all circumstances;
- we are acting in compliance with a requirement of any relevant regulatory authority or law enforcement body;
- we can reasonably demonstrate that you have or another person at your premises has committed, or may be committing, any fraud against us or against any other person or organisation by using the Services.
Costs of Suspension. If we suspend the Services because you have broken our Agreement with you, we may make a charge to you which reflects our reasonable costs incurred for your suspension and, if applicable, starting the Services again. You may also be liable for all charges for Services during this period of suspension.
Service Restriction May include a Toll Bar. Our Services to you may be restricted until a satisfactory payment history is established. For example, we may put a toll bar on your telephone.
Giving Up Services or Ending Your Agreement with Us
Notice Period of Intention to Give Up Services. If you want to give up a Service, charges will stop 30 days after we receive your notice, unless we agree that charges will stop earlier.
No Responsibility of MyRepublic for Your Equipment. In all cases without exception MyRepublic is not responsible for any equipment purchased by you and cannot offer reimbursement of any equipment upon cancellation.
Giving Up Services which are Subject to a Fixed Term. If your Service is for a fixed/minimum Term, this Agreement will continue for the duration of that fixed Term, including the period of any suspension in accordance with this Agreement. If you terminate this Agreement before the end of that fixed/minimum term you will have to pay early termination charges. On expiry of the fixed/minimum term, your connection may be terminated by you on one month’s notice or any lesser notice period agreed between us.
Giving Up Services which are not Subject to a Fixed Term. If your Service does not have a fixed/minimum term, this Agreement continues on a month by month basis until it is terminated in accordance with these terms. Unless agreed otherwise, no early termination charges are payable by you if you wish to discontinue a Service which is not on a fixed term/minimum term.
No Transfer without Approval. You may not transfer your responsibilities under the Agreement to anyone else, without our explicit approval.
Our Liability to You
Consumer Protection Legislation Applies. You can exercise your rights under the Consumer Guarantees Act 1993 at any time unless you use, or have indicated you will use our Services for business purposes. 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
Copyright and Related Exclusions. To the fullest extent permitted by law, you agree that MyRepublic will not be responsible for copyright infringement and/or 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 our 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. We accept no responsibility for the contents of any material from other organisations, which may be accessed through the Services. We also reserve the right to block access to any such information.
Matters Beyond our Control. We will not be liable for any delay or failure in performance under this Agreement resulting from matters beyond our control. These include acts of God, requirements of any governmental or regulatory authority, war, national emergency, fire, lightning, equipment failure, computer software malfunction, electrical power failure, faults, interruption or disruption in the networks of other service providers.
Liability Cap. In the event that we cause you loss, damage or expense, you have rights under the law, including under the Consumer Guarantees Act and the Fair Trading Act. Except where you have rights under the law:
- our liability for any claim, damages, loss or expense that you incur as a result of our breach of contract or negligence is limited to $5,000 for any event or series of related events and $10,000 for all events occurring in any 12 month period of your agreement with us; and
- we will not be liable for any loss of data, profits or any consequential, indirect or special damage, or any loss to the extent that it is caused by you, for example through your negligence or breach of contract.
This limitation does not apply to any claim, damages, loss or expense caused by fraud, wilful breach or wilful damage.
Your Liability to Us
Liability Cap. To the extent allowable by law:
- your liability for any claim, damages, loss or expense that you incur as a result of your breach of contract or negligence is limited to $5,000 for any event or series of related events and $10,000 for all events occurring in any 12 month period of your agreement with us.
This limitation does not apply to your obligation to pay any outstanding charges or any claim, damages, loss or expense caused by fraud, wilful breach or wilful damage.
Sending Bills & Notices to You
Delivery of Notices. Notices given under this agreement shall be delivered by hand or sent by ordinary post, SMS, or electronic mail in the case of either party. Electronic mail shall be deemed to be delivered when it is sent. Email is our primary method of communicating with customers. It is your responsibility to keep us informed of your most recent and active email address. MyRepublic will not be liable for a customer not receiving notices if we have an incorrect, in-active or unused email address. If your contact details change you must advise us of the new details as soon as possible.
Electronic Delivery of Notices is Preferred. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any electronic communication from you will be taken to be received by us at the time that that electronic communication comes to our attention.
Consent to Receive Promotions. You are deemed to have given your consent to receive from us and our advertisers any offer and marketing and promotional information relating to any of our Services, or those of our advertisers.
Transfer of Agreement
By You. You may transfer this Agreement with our written consent, and we will not unreasonably withhold our consent.
By Us. We may transfer or assign this Agreement in connection with a merger, consolidation, internal reorganization or sale of all or substantially of our business to which this Agreement relates to. We will try to tell you in advance if we wish to do this.
Intellectual Property Rights
Use of Intellectual Property to Deliver the Services. We own or are licensed to use intellectual property rights in content, software, personal identifiers (including IP addresses) and anything else we use or make available to you in connection with our Services. These rights include, for example, all copyright, trade mark and design rights. All such title, interest and rights will remain with their owner. You acknowledge such title, interest and rights, and will not take any action to jeopardise, limit or interfere in any manner with our or our providers’ title, interests or rights therein.
Use of Proprietary Software. Your use of any software provided by us is governed by the terms of the end user licence agreement, if any, which accompanies or is included with, or referenced in, the software.
Resolution of any Inconsistency. If there is any conflict or inconsistency in or between any provision of the Service Specific Terms and Conditions and any provision of these General Terms and Conditions, the provisions of the Service Specific Terms and Conditions shall take precedence.
Non-Waiver. No failure or delay by us to exercise or enforce any of our rights under this Agreement will operate as a waiver of such rights nor will such failure or delay in any way prejudice or affect our rights at any time thereafter to act in strictly in accordance with our rights under this Agreement.
Agreement Upheld. If any provision of this Agreement is held to be invalid, illegal or unenforceable, whether in whole or in part, such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of this Agreement shall not be affected.
New Zealand Law. This Agreement is governed by the laws of New Zealand and you submit to the non-exclusive jurisdiction of the New Zealand Courts.
Use of Agents. We may subcontract or delegate the performance of any of our rights or obligations under this Agreement but this will not relieve us from liability for performance of any such obligation. We may appoint an Agent to provide billing Services (including credit checking and control) and Our Customer Services Centre. Invoices issued by our Agent will be binding on you and payment of those invoices in full to our Agent will be a valid discharge of your liability to pay those invoices under this Agreement. Our Agents can enforce those obligations expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
Reliance on Verbal Instructions. You agree that we can act on any verbal instructions you give us in relation to the services.
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