General Terms & Conditions

These terms and conditions apply to all WheroNet customers who receive the WheroNet Broadband Service.

Last change: 16 Nov 2021

1. Definitions
   1. In these General Terms and Conditions we use the terms:
      1. "WheroNet", "we", "us" and "our" means WheroNet Limited; "you" means you, our customer.
      2. "WheroNet Broadband Service" means the internet service that we offer in accordance with this agreement.
      3. "WheroNet Broadband Equipment" means an outdoor antenna unit, indoor wireless router and power supply unit.
      4. "Initial Term" means the minimum term of your Agreement to purchase the WheroNet Broadband Service from us.
      5. "Customer Services" means our customer service team who provide support for WheroNet Broadband Service. Customer Services can be contacted on 09 232 8282 or by emailing contact@wheronet.co.nz.
      6. "Off peak periods" means the period from 12am (midnight) to 8am the following day in New Zealand local time.
2. Installation
   1. The standard installation service for the WheroNet Broadband Service involves setting up the WheroNet Broadband Equipment at your location, configuring your PC and a demonstration of the WheroNet Broadband Service. We are unable to guarantee a time frame for installation at your premises.
   2. The cost of the standard installation service is listed on the WheroNet website.
   3. In order to gain the required signal strength for the WheroNet Broadband Service additional equipment and installation work may be required at an additional cost. If this is the case we will inform you, and we will not carry out any additional work until we have received approval from you.
   4. The WheroNet Broadband Service is not available in all areas. We will not be able to establish whether your location will be suitable for receiving the WheroNet Broadband Service until a technician has carried out an assessment at your location.
3. WheroNet Broadband Equipment
   1. Ownership of the WheroNet Broadband Equipment will at all times remain with WheroNet and you must not:
      1. sell, lease, dispose of, lend or otherwise part with possession of, or modify in any way, the Equipment.
      2. use it for any purpose other than receiving WheroNet services in accordance with the relevant WheroNet Terms and Conditions.
      3. do any other act which may adversely affect or prejudice the ownership of the Equipment in any way.
   2. We reserve the right to supply you with WheroNet Broadband Equipment that may have been refurbished provided that such refurbished Equipment shall be of equivalent quality and functionality as new Equipment.
   3. We do not provide any guarantee as to the level of performance of the WheroNet Broadband Equipment which may be affected by conditions outside of our control.
   4. In the event that the WheroNet Broadband Equipment is faulty, we shall replace or repair such defective WheroNet Broadband Equipment at our option provided that such fault is not caused by your act or omission.
   5. You shall be liable for any loss (including by fire) or theft of, or damage however caused to, the WheroNet Broadband Equipment while it is in your possession.
   6. WheroNet has the right at any time during the currency of this agreement to enter your site where the WheroNet Broadband Equipment is situated in order to maintain, replace or repossess the WheroNet Broadband Equipment or where WheroNet has reasonable grounds to believe that you are not complying with your obligations under this agreement.
   7. WheroNet may at any time in its absolute discretion require that you exchange any WheroNet Broadband Equipment for any new WheroNet Broadband Equipment provided or specified by WheroNet.
   8. Upon termination of the agreement for the provision of WheroNet Broadband Services you will allow WheroNet to access your site in order to repossess the WheroNet Broadband Equipment.
4. Costs & Fees
   1. Each of the WheroNet Broadband plans is described in the relevant section on the WheroNet website and are deemed to be included as part of these terms and conditions.
   2. WheroNet Broadband customers shall pay a connection fee and any applicable installation and equipment costs to use the WheroNet Broadband Service.
   3. If you want to transfer your WheroNet Broadband Service to a new location you will have to pay an installation fee for the new location.
5. Payment & Invoicing
   1. The Customer must pay for all WheroNet services provided to the Customer’s address for the Customer’s use.
   2. WheroNet will send the Customer an invoice for charges. The Customer must pay the amount due for their account by the payment due date as stated on the invoice (usually 14 days from invoice date).
   3. If the Customer fails to pay monies due on or before the due date, WheroNet may:
      1. discontinue the Internet Service and/or refuse to provide any further Internet Services to the Customer (WheroNet will notify the Customer at least 5 business days before it will disconnect the Internet Service for non-payment);
      2. reduce the maximum speed of the Internet service to the Customer’s address to 5Mbps download speed and 1Mbps upload speed;
      3. require the Customer to pay any costs that are incurred by anyone (including agents) in recovering the money owed, or in exercising any other rights, including commissions, credit collection and legal costs on a solicitor and client basis;
   4. The Customer must notify WheroNet immediately if the Customer disputes any charges. The Customer must provide WheroNet with details of the reasons for the dispute, details of the charges and evidence of the grounds for the dispute.
   5. If WheroNet agree there is a mistake, WheroNet will adjust the Customer's next bill or, if appropriate provide a refund. If WheroNet find there is no mistake, and if the due date for payment has already passed, the Customer must pay the amount outstanding within five working days.
6. Billing
   1. WheroNet services are invoiced monthly and billed one month in advance.
   2. A fee is charged for any usage beyond your plan allowance (billed one month in arrears).
      1. Data usage is based on the amount of data transferred through your WheroNet Broadband connection (both uploading and downloading). If you exceed your plan allowance you will be charged per additional Gigabyte used at the additional Gigabyte fee for your plan as detailed on the WheroNet website.
      2. If your plan includes unlimited off peak data, any data usage within off peak periods will not be counted towards your plan allowance.
   3. GST is included in all stated prices.
7. Term
   1. There is no Initial Term for the WheroNet Broadband Service, you may ask us to stop the service or cancel this whole Agreement at any time and for any reason by giving us 30 days' notice. Cancellation can be made by contacting Customer Services by email contact@wheronet.co.nz or by calling 09 232 8282.
8. Fair Use Policy
   1. We work to ensure that all WheroNet customers are able to access our services, and get the best possible experience. For this reason, and to ensure the provision of a quality service, a Fair Use Policy applies to our services where your usage can affect that of other customers.
   2. We may request that you alter your usage, or issue a warning or suspend your services under this Fair Use Policy where in our reasonable opinion your use of our services is excessive and/or unreasonable by materially exceeding estimated usage patterns over any month. Where reasonable, WheroNet will provide you with 30 days notice before suspension, restriction or termination.
   3. If, after we have requested that you stop or alter your use to come within our Fair Use Policy, your excessive or unreasonable use continues, we may after providing written notice, apply charges to your account for the excessive and/or unreasonable element of your use; suspend, modify or restrict your use of our services or withdraw your access to the services.
   4. There is a fixed amount of bandwidth available across the WheroNet network at any given time. The aim of this clause of the Fair Use Policy is to ensure that the experience of WheroNet customers is not compromised by the extreme and unreasonable usage by other customers. WheroNet reserves the right to modify (through speed and other variables) the behaviour of individual users that use their internet service in a way that negatively affects the experience of other users. If network usage by a WheroNet customer is negatively impacting the network, WheroNet may attempt to communicate with the user asking them to modify their usage, may suggest a more suitable solution for all parties involved, or may exercise its rights outlined in clause 8.2 above.
9. Support & Availability
   1. We do not make any representation, or give any warranty of any kind in relation to the goods or services that we provide you.
   2. The WheroNet Broadband Service is not guaranteed to be fault free or continuous.
   3. Access speeds for WheroNet Broadband plans are estimates only. Actual speeds may vary.
   4. The WheroNet Broadband Usage Meter is available for you to check your data usage in the "My Account" section of the WheroNet website. You can set this to be emailed to you automatically. These usage alerts are sent out to WheroNet Broadband customers once per day, so it is possible that there will be a delay of up to 24 hours from the time you exceed your data usage limit and when a usage alert email is sent. Usage alerts are designed to help you to monitor your data usage, but ultimately it is your responsibility to monitor how much data you have used. You can change the email address that your usage alerts are sent to at any time.
   5. Customer Services can be contacted on 09 232 8282 from 8:30am to 10:00pm, Monday to Friday, to assist with your WheroNet Broadband Service queries.
   6. We cannot guarantee a response time if a technician is required to visit your premises in relation to the service.
   7. We will take all steps that we reasonably can to arrange for all faults on our network including the WheroNet Broadband Equipment that is impairing the Service we provide to you, to be fixed. If you report a fault to us and 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.
10. The Customers Obligations
    1. Except where we tell you otherwise, you are responsible for providing the computer, hardware, software and all other equipment required to use the WheroNet Broadband Service. It is your responsibility to keep your computer secure and free of viruses.
    2. In return for us providing the WheroNet Broadband Service to you, you agree to:
       1. pay for all the WheroNet Broadband Services that we provide to you (including any additional usage charges) by the due date for payment.
       2. follow our reasonable instructions about using the Internet services that we may notify you of from time to time.
       3. not use the WheroNet Broadband Service in any way that is unlawful (including under any law passed after the date of this Agreement) or offensive or could interfere with our network, any other operator's network or with another customer's enjoyment of our services.
       4. assume sole responsibility for monitoring your metered internet usage and addressing any faults or unauthorised usage, that may arise.
       5. make sure that anyone else who uses the Internet services that we provide to you also abides by the terms of this Agreement.
       6. comply with the WheroNet General Terms & Conditions (This document)
       7. comply with the WheroNet Limited Privacy Policy
    3. You are responsible for protecting your computer against any virus, unauthorised access or spam. We recommend that you install appropriate firewalls, spam filters and anti-virus software as we do not provide any spam or virus protection with the WheroNet Broadband Service and you will be responsible for any additional traffic that may result from any virus, spam or unauthorised access. Therefore, to the extent permitted by law, we accept no liability in relation to any virus, unauthorised access or spam experienced by you.
    4. You will indemnify us against all liabilities you may cause and losses you may suffer in relation to, or flowing from this agreement, equipment or the services we provide you.
    5. If, despite these conditions we are liable to you in any way our liability shall be limited to the lesser of the monthly price you paid us for the services giving rise to the claim, or the amount you have paid us during the previous 1 month period.
    6. All unlimited data is subject to our Fair Use terms (section 8).
    7. Customers will not resell WheroNet's Internet Services, add accounts or share Internet Services between more than one household without written permission from WheroNet.
11. General
    1. On termination of this agreement, WheroNet Limited will cease providing services and all amounts which you owe us will immediately become due and payable. Termination does not release you from any outstanding obligations or responsibilities to us.
    2. If any provision or part of this agreement is held to be invalid, unenforceable or illegal for any reason, this agreement will be deemed to be amended by the addition or deletion of wording as appropriate to remove the invalid, unenforceable or illegal provision or part, but otherwise to retain the provision and remainder of this agreement to the maximum extent permissible under law.
    3. This agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand courts in respect of all matters relating to this agreement.
    4. These terms apply from the "Last change" date at the top of this document and replace any agreement you already have with us. By using the WheroNet Broadband Service or continuing to use the WheroNet Broadband Service after this date (if you are already a customer) indicates your acceptance of those changes.
    5. We may change these Terms & Conditions but will always tell you about changes at least 14 days before they come into effect. Your continued use of the WheroNet Broadband Service after changes have been notified to you in this way indicates your acceptance of those changes.