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Quicksilver
Terms and Conditions
The definitions, terms and conditions given below constitute a service
agreement (Agreement) between you (the Customer) and us (Quicksilver).
DEFINITIONS
- Customer (referred to as you) in this Agreement is the person
obtaining the Services under this Agreement.
- Services are the services provided by Quicksilver that include
but are not limited to Quicksilver Internet, hosting, Toll, phone card,
antivirus, antispam, Q-biz Mail Server, Webmail and Q-biz mail relay
Services.
- Quicksilver and Q-biz are trademarks of Woosh Wireless
Ltd (referred to as we and us in this Agreement) which is the business
entity offering the Services under this Agreement.
- Quicksilver Internet Service provides access to the Internet,
email service, and webhosting space for homepages.
- Quicksilver Toll Service allows you to make toll calls within
New Zealand and to overseas destinations. It also allows you to make
calls to mobile phones. Quicksilver Toll Service is available from phone
lines directly connected to the Telecom and CLEAR local networks. Quicksilver
Toll Service is not available from Telecom payphones or from mobile
phone networks within NZ.
- Quicksilver's Virus Detection Service detects and blocks viruses
sent to Customers using Quicksilver's email services. It is provided
as an option as part of the Quicksilver Internet Service.
- Quicksilver International Fonecard Service allows you to make
toll calls within New Zealand and to overseas destinations. It also
allows you to make calls to mobile phones.
- The Q-biz Mail Server allows you to manage your business email
requirements online from any computer on the Net.
OUR RESPONSIBILITIES
1. We will not sell or distribute any specific information you provide
to us about yourself to any advertiser, direct marketing firm. We will
only disclose details of your usage of the Services to a non-partner third
party if required for network management or reconciliation with a third
party network operator 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 credit management of your account,
you authorise us to:
i. disclose to a credit reporting agency your personal details including
your name, address, date of birth, employer, driver's licence number,
credit history and other relevant credit information;
ii. use this information to consider your application for credit; and
iii. disclose to our agents, contractors, related corporations and other
telecommunications suppliers your information obtained by us when supplying
the 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 the Services.
4. We may immediately terminate or suspend the Services to you without
prior written notice if you fail to pay any applicable charges in relation
to the Services or any other services supplied by us or our related companies.
5. To the maximum extent permitted by law we exclude warranties of all
kinds, either expressed or implied.
6. In relation to all Quicksilver Services:
i. We do not promise Quicksilver Services will be provided without interruption
or error.
ii. We may monitor your usage to ensure you comply with the Agreement.
iii. We may adjust aspects of Quicksilver Services if necessary for the
efficient operation of the Services.
7. In relation to Quicksilver's Virus Detection Service;
i. We will use all reasonable efforts to keep our virus database up to
date. We do not guarantee or otherwise represent that the service will
catch and/or quarantine any virus for reasons which
may include but are not limited to the following:
- the virus signature for a virus has not yet been made available to or
activated by us;
- the virus may be in an encoded or encrypted or compressed or other format
that is not detected or stopped by the service;
- failure or misconfiguration of hardware and/or software;
ii. We may at any time: change or modify or upgrade the software and/or
hardware used in conjunction with the service; suspend or disable
the scanning service to the extent that email messages may be delivered
without being scanned; modify the terms under which the service is provided.
Wherever possible, we will give reasonable notice of such action and adopt
a professional attitude to minimise any service disruption.
8. In relation to all Quicksilver Services we reserve the right to refuse
customers to join and to terminate customers at our sole discretion.
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. You are responsible for the technical compliance,
security and proper functioning of any equipment or other facilities used
to access the Services.
3. You are responsible for the technical compliance, security and proper
functioning of any equipment or other facilities used to access the Services.
We strongly recommend that you run and regularly update your own anti-virus
software on your computer equipment or other facilities.
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 the Services to commit an offence against New Zealand
laws.
6. When you make a call using the Services, you acknowledge that your
telephone number may be transmitted to the called party.
7. In relation to Quicksilver Internet Service;
i. You acknowledge that we do not exercise any control over content accessible
via the Internet.
ii. You must comply with any rules imposed by parties whose content you
access.
iii. You must not interfere with, monitor, use or access data, systems
or networks without authority.
iv. You will be responsible for all applicable charges, including calls
made using the Services, whether you or someone else made those calls
using your username and login.
v. You must maintain good "Netiquette" and not send unsolicited,
commercial mass emailing (known as "spamming") or undertake
other activities that disrupt service to other Customers or other users
of the Internet.
vi. You must not [knowingly] distribute computer viruses, worms, Trojan
horses or other harmful material.
vii. Your password and connection is for use only by you and immediate
household members/your company. Passwords are under your control and unauthorised
use is your responsibility.
8. In relation to Quicksilver's Virus Detection Service, you understand
that the service will only scan email messages which are delivered to
Quicksilver mailboxes for which virus scanning has been enabled and You
acknowledge that Quicksilver uses its best efforts to prevent virus' and
is not responsible to you for any Emails stolen or lost or infected by
Virus
9. In relation to Quicksilver International Fonecard Service;
I You acknowledge that we do not exercise any control over the service
as and when the service is provided by different networks and or countries
networks.
ii. You must comply with any rules imposed by parties whose network you
access.
iii. You must not interfere with, monitor, use or access data, systems
or networks without authority.
iv. You will be responsible for all applicable charges, including calls
made using the Services.
v. You agree not to use the Services for any illegal purposes both within
New Zealand or otherwise.
Vi You acknowledge that Quicksilver is not responsible to you for any
cards stolen or lost and that no refunds for outstanding balances on cards
are payable by Quicksilver to you.
10. You must not use the Quicksilver or Q-biz Email service provided (in
any form) for communication which is defamatory or contrary to generally
accepted standards of behaviour or good taste. Quicksilver reserve the
right, at our discretion, to decide what those standards are, and to review
your use of our services at any time and to disconnect you and suspend
and/or cancel your service if we consider that you have breached these
standards. You agree that, if you or anyone using your account (whether
by your knowledge or otherwise) defames anyone and Quicksilver is sued
or held to be liable, to recompense Quicksilver on demand for any and
all costs incurred by Quicksilver caused by your actions or actions taken
by a user of your account
11. You agree to at all times comply with Quicksilver's ACCEPTABLE
USE POLICY which is attached to these Terms and Conditions
QUICKSILVER VIRUS DETECTION AND VIRUS VAULT SERVICE.
Quicksilver does not guarantee or otherwise represent that all email viruses
will be detected and/or removed. Quicksilver warrants that it will use
all reasonable efforts to keep its virus database current on a daily basis
however Quicksilver cannot guarantee that the virus filter provided will
catch and quarantee all Email virus ' including but not limited to the
following reasons:
- new viruses for which the virus signature has not yet been made available
to Quicksilver or ;
- the email message being in a compressed file or;
- the email message may be an encoded/encrypted format not able to be
detected or stopped by quicksilver's anti-virus email filter system.
Quicksilver's anti-virus email filter only scans email attachments that
pass through Quicksilver's mail servers, therefore it only scans email
attachments being sent to Quicksilver mailboxes. Quicksilver accepts no
absolutely no responsibility for virus infections affecting Quicksilver
customers where Quicksilver does not provide Email services for.
CHARGES
1. We will not charge for unsuccessful calls (eg. the number you call
is engaged, or your login was unsuccessful);
2. Calls made using the Quicksilver Toll Service are subject to a one
minute minimum charge. Calls longer than one minute duration are rounded
up to the next second.
3. Charges for calls made in respect of the Services will be rounded up
to the next whole cent.
4. Quicksilver Internet Service charges may vary in relation to the plan
chosen by you. If you require a visit from a technician to help you with
set-up or support a minimum call out fee of $45.00 incl GST will apply.
For visits longer than one hour, a additional fee of $10 (GST incl) will
apply for each additional 15 minute period. Additional charges for travel
time may apply depending on the distance between you and Quicksilver's
premises.
5. In relation to Quicksilver International Fonecard Service;
- Credit balances on phone cards are not refundable under any circumstances.
- Calls made using the Quicksilver International Fonecard Service are
subject to a one minute minimum charge. Calls longer than one minute duration
are rounded up to the next second.
- Charges for calls made in respect of the Services will be rounded up
to the next whole cent.
- Quicksilver International Fonecard Service charges may vary in relation
to the card chosen by you.
- Quicksilver International Fonecards expire 6 months after the cards
are first use. Any credit balance at that date of expiry will be forfeit.
- Any Credit balances on the Quicksilver International Fonecard Service
are not refundable any circumstances.
- Charges for calling destinations using the Quicksilver International
Fonecard Service are available on the website www.fonecard.co.nz
BILLING
1. You will be billed on a monthly basis, but we may vary the billing
frequency from time to time.
2. You must pay your bill within 14 days from the date we sent you the
bill.
3. You may pay by credit card, direct debit or other method permitted
by us, however, if your chosen method is dishonoured you must pay the
bank charges incurred by us.
4. 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:
i. $55.00; or
ii. 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.
5. We reserve the right to recover from you all debt collection costs
incurred by us in relation to your bill.
6. It is your responsibility to pay any government taxes (including a
goods and services tax), duties, imposts or levies. We will itemise any
such costs on your bill.
TERMINATION OF SERVICES
1. We may terminate this agreement immediately in the event that:
i. you fail to pay a bill by its due date;
ii. you breach an obligation of this Agreement;
iii. 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;
iv. your access line has been disconnected by another supplier; or,
v. we reasonably suspect fraud or misuse of the Services.
2. If we decide to resume Services to you once your Services are terminated
you may be required to pay a Service Restoration Fee. We reserve the right
to refuse to reconnect the Services.
3. In relation to Quicksilver Internet Service, the minimum subscription
is one month unless otherwise advertised to the contrary for to the pricing
plan chosen by you. You may give notice at any time that you wish to cancel
your Quicksilver Internet Service. The cancellation will apply from the
end of your current billing period, subject to any term commitment made
by you.
4. In relation to Quicksilver Toll Service, you may transfer to another
network supplier at any time subject to any term commitment made by you
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 endeavor 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.
LIABILITY
1. If you receive the 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 us.
2. Subject to the previous sentence we have 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 supersedes 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
Quicksilver.
VARIATIONS
We may vary this Agreement with 30 days notice. You will be notified of
any detrimental variations by way of an advertisement in a daily newspaper
and/or a statement in your monthly bill.
HELP AND FAULT REPORTING
We will provide 24 hour per day fault reporting services throughout the
year for general assistance. The relevant network provider will rectify
faults in its network in accordance with its standard business hours for
fault rectification.
ASSIGNMENT
You may not assign this Agreement or any right or obligation under this
Agreement without our prior written consent.
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 the Services. Failure to do so
may result in termination of your right to access the 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.
ACCEPTABLE USE POLICY
It is illegal to view certain types of information (notably types of pornographic
material) in New Zealand. Users of Quicksilver Internet may not break
any laws while using the system. The availability of such material on
the Internet is beyond Quicksilver's control.
Users are under no circumstances to engage in mass emailing activities,
with the exception of the use of Listserves. Mass emailing includes SPAM
and forwarding of chain letters and pyramid schemes. Where a user is found
to have sent unsolicited mass email, they will be banned from the system
immediately.
Users must not engage in the following activities:
- Attempting to circumvent user authentication or security of any host,
network, or account on Quicksilver Internet systems or the Internet at
large ("cracking");
- Attempting, in any way, to interfere with or deny service to any user
or any host on the Internet.
- Attempting to cancel, supersede, or otherwise interfere with email or
newsgroup posts other than one's own;
System abuse is strictly prohibited. Quicksilver Internet may terminate
or modify service immediately and may bill for any resulting support charges
if the client engages in such abuse
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