Splurge Internet
Terms & Conditions
The definitions, terms
and conditions given below constitute a service agreement ("this
Agreement") between you (the Customer) and Splurge Online Services
Ltd.
DEFINITIONS
1. Customer - (referred to as you) in this Agreement is the person
obtaining the Splurge Services under this Agreement.
2. Splurge - (referred to as we and us) in this Agreement is Splurge
Online Services Ltd which is the business entity offering the services
under this Agreement.
3. Splurge Services - are the services provided by Splurge that
include but are not limited to dial-up access to the Internet and
e-mail services.
OUR RESPONSIBILITIES
1. We reserve the right to distribute advertising or marketing material
to you based on information provided by you to us. We also reserve
the right to sell or distribute any information you provide to us
about yourself to any advertiser, direct marketing firm, Opt-in
marketing firm or other third party, including but not limited to
network operators for the purposes of network management or reconciliation
or as otherwise required by law.
2. In limited circumstances, we are required or permitted to supply
your service number, name, address and other details to specific
organisations (such as the Police). For the purposes of processing
your application, establishing your account and ongoing management
of your account, you authorise us to:
- disclose to any legal
agency your personal details including but not limited to your
name, address and telephone number;
- disclose to our agents,
contractors, related corporations and other telecommunications
suppliers your information obtained by us when supplying Splurge
Services.
3. Subject to the applicable
laws, we are not liable for any costs, loss, liability or damage,
whether direct or consequential, arising out of our supply or failure
to supply Splurge Services.
4. To the maximum extent permitted by law we exclude warranties
of all kinds, either expressed or implied.
5. In relation to Splurge Services:
- We do not promise
Splurge Services will be provided without interruption or error.
- We may monitor your
usage to ensure you comply with the Agreement.
- We may adjust aspects
of the Splurge Services if necessary and at any time for the efficient
operation of Splurge Services.
YOUR RESPONSIBILITIES
1. You warrant that all information that you provide to us in your
application and from time to time is correct.
2. You warrant that you are resident in New Zealand and can legally
form a binding contract.
3. You are responsible for the technical compliance, security and
proper functioning of any equipment or other facilities used to
access Splurge Services.
4. You are solely responsible for any material you transmit or communicate
that is defamatory, indecent or obscene, or in breach of copyright.
5. You must not use
Splurge Services to commit an offence against New Zealand laws.
6. When you make a call using Splurge Services, you acknowledge
that your telephone number may be transmitted to and used by us
as set out in this Agreement.
7. In relation to Splurge Services;
- You acknowledge that
we do not exercise any control over content accessible via the
Internet.
- You must comply with
any rules imposed by parties whose content you access.
- You must not interfere
with, monitor, use or access data, systems or networks without
authority.
- You must maintain
good Netiquette and not send unsolicited, commercial mass e-mailing
(known as "spamming") or undertake other activities that disrupt
service to other Customers or other users of the Internet.
- You must not distribute
computer viruses, worms, trojans or other harmful material.
TERMINATION OF SERVICES
1. We may terminate this agreement immediately in the event that:
- You breach an obligation
of this Agreement;
- You are declared bankrupt
or a receiver or a liquidator or provisional liquidator is appointed
to you or you enter any arrangement with your creditors;
- We reasonably suspect
fraud or misuse of Splurge Services from your phone line.
- Any outstanding amounts
remain unpaid for a period of more than five working days.
2. Notwithstanding any
other provision of this Agreement, Splurge Services provided to
you may be terminated by us at any time on 30 days notice.
INVOICING
1. All invoicing will be by Electronic Mail (E-Mail). When signing
up you must provide an accurate Contact E-Mail address.
2. The Initial Invoice will be provided as part of the sign-up process.
This invoice is payable immediately.
3. Subsequent Invoices to the Initial Invoice will be sent by Email
to your nominated Contact E-Mail address.
4. Payment for Subsequent Invoices will be due within 7 days from
the date that the invoice was sent.
SUSPENSION OF SERVICES
From time to time we may partially or fully suspend services for
reasons including without limitation upgrading network equipment,
infrastructure, management, and topology. We will endeavour to inform
you of any planned or unplanned suspension of services before they
take place, but we reserve the right to suspend service at any time
at our sole discretion.
PRICING AND PAYMENT
1. Payments must be made
for three months service at a time. Payments must be received by
us at the beginning of any given three month period.
2. All prices are subject
to change on 5 working days notice. Notice of a pricing change will
be by a posting on the Splurge website or by email to your Contact
Email Address.
3. If a payment due under this Agreement is not made by its due
date you are in default and, accordingly, we may charge you liquidated
damages in an amount which is the greater of:
- $55.00; or
- 2% above the prime
lending rate of our principal banker calculated daily on any outstanding
amount, including liquidated damages, until the outstanding amount
is paid in full by you.
4. We reserve the right
to recover from you all debt collections costs incurred by us in
relation to your bill.
5. It is your responsibility
to pay any government taxes (including a goods and service tax),
duties, imposts or levies. We will itemise any such costs on your
bill.
6. We reserve the right
to apply a charge of $1.00 for every spam message that has been
sent from your Splurge account.
LIABILITY
1. If you receive Splurge Services from us for the purposes of conducting
business then you agree that the Consumer Guarantees Act 1993 will
not apply to any services provided by Splurge.
2. Subject to the previous sentence Splurge Online Services Limited
has no liability under this Agreement to you or anyone else under
any circumstances.
3. Any third party network operator, its officers, employees, contractors
and agents are not liable to you or anyone else under any circumstances
for any matter or reason (including but not limited to negligence)
arising from the provision of services by such a network operator
to us.
ENTIRE AGREEMENT
This Agreement contains all of the terms, representations and warranties
made between you and us and supercedes all prior discussions and
agreements covering the subject matter of this Agreement. No variation
or waiver of any provision of this Agreement shall be recognised
as binding on us unless it is in writing and signed by an authorised
representative of Splurge Online Services Limited.
VARIATIONS
We may vary this Agreement with 24 hours notice. You will be notified
of any variations by way of an email to the email address provided
to you by us and variations will be posted on Splurge's Terms and
Conditions Web Page within 6 hours of any planned change.
HELP AND FAULT REPORTING
We provide a telephone helpdesk between the hours of 8:30am-6pm
Monday to Friday by ringing 0900-77527. Calls are charged at $1.49
per minute including GST. Online help is also available by emailing
help@splurge.net.nz. Faults
may be reported by sending an email to faults@splurge.net.nz
ASSIGNMENT
1. You may not assign this Agreement or any right or obligation
under this Agreement without our prior written consent.
2. We may assign this Agreement or any right or obligation under
this Agreement without your consent.
ACCEPTANCE OF AGREEMENT
If you are less than 18 years of age, you must have a parent or
legal guardian agree to this Agreement. You must tell us if you
are less than 18 years of age before beginning to use Splurge Services.
Failure to do so may result in termination of your right to access
Splurge Services.
NOTICES
Any notice given to you pursuant to this Agreement will be deemed
to be validly given if personally delivered or posted to the address
you gave us when you joined us, or sent electronically to the email
address provided to you by us.
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