These are the Product Specific Terms for OnNet & OnAccess and all internet traffic plans (“Services”). OnNetworks Standard Terms & Conditions also apply. Please read them carefully as they contain exclusions of liability and also include additional indemnities from you to OnNetworks.
The minimum term & total cost of our OnNet (excluding GST) are listed in your contract. Where you have a fixed contract period, you will be liable to OnNetworks for any unpaid portion of that Service for the remainder of the minimum term.
2. Prohibited Activities
OnNetworks reserves the right to suspend or restrict access to the Services to anyone who uses the Services or allows the Services to be used:
(a) for any unlawful or offensive act;
(b) to publish or distribute any information, software or other material, which is unlawful or which a reasonable person would consider offensive, abusive or defamatory;
(c) to distribute multiple unsolicited electronic mail messages to large numbers of persons including, but not limited to, electronic mail advertisements (SPAM);
(d) to gain or attempt to gain unauthorised access to any computer systems;
(e) to spread viruses or other unwanted software to any software or hardware operated by any other person on the Internet, including OnNetworks it Supplier and the Customer;
(f) in any way that disrupts the Services, or any other services of OnNetworks or its Supplier or the Customer;
(g) in a manner which infringes the rights of any person;
(h) in any way that would bring OnNetworks or its Supplier, customers, partners or associates into disrepute; or
(i) by any unauthorised third party
3. Copyright Exclusions
to the fullest extent permitted by law, you agree that OnNetworks 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. You also agree that OnNetworks is not responsible for any content sent using, or included in, our Service or websites by any third party.
4. The Chorus Network & Access Connections
These additional terms apply if you have elected to use services provisioned by OnNetworks (the “service provider”) from Chorus (the “Supplier), you agree:
4.1 Our network includes the connecting line to your premises and all associated equipment and infrastructure (including the network terminating point), all of which is provided and owned by us and may be located in, on, over or outside of your premises. Our network does not include any line or equipment provided by someone else, even if we may use that line or equipment. Our network normally ends:
(a) where our connecting line enters the outside wall of your home (for residential connections) or your building or the telecommunications room or cabinet that services your building (for business connections), if you receive services over copper lines;
(b) at our network terminating point installed inside your premises (for residential connections, this means inside your home), if you receive services from a service provider over fibre optic lines.
4.2 These terms do not give you any rights in any part of our network; nor will you acquire such rights from your service provider, you must:
(a) let us or any of our agents or subcontractors come on or into your premises to install or work on our network or anything connected to it; we will always try to give reasonable advance notice to the occupier (including a description of the work we’ll be doing) before we do it and the people we send will carry and present proof of their identity. If the access we require to your premises is not granted this may impact on the services you or others receive from your service provider; and
(b) not interfere with any part of our network, even if it is on or within your premises ; only people we authorise may work on our network. If you interfere with our network, we have no responsibility of any kind to you for any failure or disruption in the services you obtain from a service provider; and
(c) not convey or receive, or permit any person other than a service provider to convey or receive, any signal, communication or other service over or using any part of our network unless we first agree (and we may agree subject to conditions).
If you do not own your premises (or are not the only owner, unless you are a joint owner), you must ensure that the owner(s) consent(s) to us installing, locating, accessing, operating and owning our network. You will be responsible to us for any loss we suffer if you do not ensure this. You agree that, if asked, you will provide us with written evidence of that consent.
To connect your premises to our wider network we may need to install our equipment on or in adjacent land or buildings that you are not the sole (or a joint) owner of (for example, an access right of way or the risers that provide access for utilities in a commercial building). You agree that, if asked, you will help us to obtain all the consents that we need to install that other equipment.
Unless we have all the consents we need, we have no responsibility to you for any failure or disruption in the services you obtain from a service provider.
You acknowledge that;
(a) our network terminating point will almost always require a continuous electricity supply to operate and you are responsible for ensuring that electricity is supplied safely to where our network terminating point will be located; and
(b) if you connect anything to our network terminating point (including any equipment or device) that is not compliant with any relevant international connection standards, it may adversely affect services you, and possibly others, receive from your service provider and/or damage our network.
You agree to pay for repairing or replacing any part of our network which is lost, stolen, or damaged by you or anyone you are responsible for or have control over. You also agree to use your reasonable endeavours to ensure that our rights to our network are not disrupted by anyone else.
4.3 Property Damage, where we or any of our contractors or agents do work on or at your premises (including installation of our network) and damage it through not taking reasonable care, we will pay the reasonable cost of repairing the damage up to a maximum of $500,000 for any event or for any series of related events with a total of $1,000,000 in any 12 month period.
For us to consider your claim you must tell us within one month after you become aware that your premises are damaged. You agree not to pursue any of our contractors or agents for any such repair costs or damage.
This clause also applies to any liability we have to you for damage to your premises where reasonable care has been taken in carrying out work on or at your premises except that the liability limits that apply are the ones described in clause 2.4 of these terms.
4.4 Exclusion of all other Liability, we have set out your rights to claim compensation from us under the Standard Terms & Conditions. We now exclude all other liability we may have to you. This exclusion applies for the benefit of these people:
(b) other network operators whose networks are connected to each other or to our network,
(c) all companies directly or indirectly owned, partly owned or controlled by any of the people listed in your contract
(d) all officers, employees, contractors and agents of all the people listed in your contract, and
(e) anyone else, any of the people listed in your contract are responsible for.
Except for any liability we may have under clause 4.1, none of these people are liable to you or have to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us or a service provider. This exclusion applies whatever you are claiming for and however liability arises or might arise if it were not for this clause.
4.5 Imitation of our Liability, we have set out your rights to claim compensation from us under clause 4.3 and excluded all other liability we or any of the other people listed in clause 4.2 may have to you. If we or any of the other people listed in clause 4.4 are ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 4.4, then this clause applies. Where this clause applies, the maximum combined amount we and all the other people listed in clause 2.3 (together) will have to pay you and anyone else who uses the services provided to you (together) is:
(a) $50,000 for any event or for any series of related events, and
(b) a total of $100,000 in any 12 month period.
For clarity, these liability limits also apply under clause 4.5 where reasonable care has been taken in carrying out work on or at your premises. This limitation does not limit any rights you may have under the Consumer Guarantees Act 1993. If you are a business customer who has a written agreement with your service provider, the provisions of the Consumer Guarantees Act 1993 may not apply to any services we provide.