Terms and Conditions
General Terms of Service
The use of our network implies that you have read and agree to these terms. These terms and conditions, and your acceptance of them constitute an agreement between Go2 Internet, Webiz Limited (We, Us, Go2, Webiz) and you the user (you). These terms and conditions constitute the entire agreement between us. Please note that we may refuse to provide you service at our sole discretion and that we may cease providing you with service without notice or liability if you are in breach of these terms and conditions.
These terms and conditions apply to both business and domestic use. If you are not acquiring our service for the purposes of a business (as defined by the Consumer Guarantees Act 1993) then the act applies and nothing in this statement limits your rights under it.
We agree to provide Internet access to you through our host computers but only on the following basis: We will provide you with a user name and password enable access to our service. We will make genuine and commercially reasonable efforts to make the services you have subscribed for available to you 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible. As we do not own or control all the facilities and communication lines necessary for access, nor do we control your use of the service, we cannot guarantee that the service will be uninterrupted or error free. But if in spite of our best efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you.
You agree to pay the specified subscription and other charges (as notified on the Webiz web pages). In particular, you agree as follows: Charges to our service will be due in advance for service plans, with additional hours beyond the service plan being charged in arrears. Payment may be made by cheque, direct debit, automatic payment or telephone banking
All calls to the Go2 dial-up number are considered 'local calls' under the terms and conditions set down by Telecom (NZ). Any charges pertaining to local calls (eg: from a business phone, from a Hotel or in some special pricing arrangements) will be your responsibility.
You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees.
If your account is overdue for a period of 1 month, your account will be placed on hold, and access will be denied. If your account is overdue for two months it will be closed and your details referred to our debt collection agency without notice to you.
Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you.
You agree to give us not less than 30 days written notice that your account is no longer required. Until we receive this notice you are responsible for anything done with the services to which you have subscribed. Any charges incurred through the use of those services are payable by you whether you authorised them or not.
Dialup Unused hours in each month are not transferable to a future month, nor to another account , and no refund is given for hours unused in any month.
You must not run servers, use Static IP addresses or provide any public information service from a computer connected via Go2's standard service plans without permmision from Go2.
Go2 dial-up flat-rate accounts are not intended to provide a continuous dedicated link, nor are they intended for multiple simultaneous connections. Such use is prohibited.
You may not host a web, mail, chat, or any other type of server from a personal dial-up flat-rate account, nor are you allowed to use any device such as a proxy server or software application to create a continuous connection to the Internet.
If you choose to have your e-mail program check for mail periodically, it is your responsibility that once the mail has been downloaded, that the connection is dropped.
If you establish multiple simultaneous connections you may also have your account terminated.
You may view your usage by visiting the Go2 home page at http://www.go2.co.nz and choosing the My Account option.
Commercial accounts are available if you wish to operate outside these guidelines.
Please visit our website or call the Go2 office for current pricing.
Use of Our Services
We provide a passive interconnection service. We do not own or control the various sites or offerings available through the Internet or the facilities and information line through which access is provided. In using our services you acknowledge and agree to the following:
Internet services allow access to material that may be the subject to copyright, third party ownership, unreliable or offensive. You access such material at your own risk, through your own choice, and we are not responsible in any way for your accidental or deliberate accessing of that material.
You will maintain the security of your accounts and password. You agree to change your password when requested to do so by us.
As we do not own or control all of the various facilities and communication lines through which access may be provided to you, we are not responsible for security.
You agree not to use the service to breach anyone else's rights or to break the law. By way of example only, this means, without the owner's clear permission, using our services to download or transfer any copyright programs, files, picture, trade names, trade marks or brands, moving images (such as cartoons, films or videos) or sound or music, or anything else owned by someone else.
You agree that you will not cause or help to cause the security or integrity of this or any other linked computer system to be compromised whether by way of hacking, introducing harmful code or in any other way.
You agree to use you best efforts (including installing all latest software patches and fixes and effective anti-virus software) to prevent the transmission of malicious code (typically known as a virus, worm or trojan) across the Internet. If we become aware that your computer is infected with a virus, we will alert you via e-mail. If you continue to transmit viruses after this alert, we will suspend your access until you have confirmed that your computer has been repaired and the virus removed.
You agree that you will respect the privacy of other Internet users. You agree that any messages you post to the Internet such as to news groups or Internet Relay Chat (IRC) will not be for advertising purposes. Any "one-to-many" Internet communications used for advertising purposes, whether IRC e-mail or other link or medium is a serious breach of these terms and conditions and you will be immediately disconnected from our service without warning.
You agree to pay us upon demand any costs or losses incurred by us as a result of you using our service in those ways.
If you do not follow these rules and we are sued or suffer loss you agree that we can recover our costs and losses directly from you upon demand.
We each agree that the Internet is a medium which lacks consistent security and confidentiality and we have the right to check your use of the system.
We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that your use of our services is not confidential. If we consider in our discretion that your use of our services is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person, including the police.
We can check your use of the system to ensure that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.
Use of Personal Information
If you are an individual, when you complete your application for our services you authorise us and our agents, to collect information about you. We will use this information for statistical analysis and to provide services to you.
You authorise us and our agents, to supply and disclose personal information as to your credit-worthiness.
Under the provisions of the Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing, which includes e-mail. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred.
Communications and Notices
We can change or remove any of these terms and conditions at any time. These changes include alterations to our pricing structure. We will inform you by e-mail and place the revised terms and conditions on our web site
Once we have posted the e-mail you are deemed to have received it. If you have not terminated your subscription within 30 days or if you continue to use the services, you are deemed to have accepted the change.
Limits on our Liability
By using our services you do so at your sole risk. We do not warrant that our service will be uninterrupted or error-free. We do not make any warranties to the results to be obtained from the service or information or the experiences had with the Internet. We provide our service on an "as is" basis without warranties of any kind, either express or implied.
In particular, we are not liable to you - whether in contract or tort or under any other legal principle - for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of business, profits, work stoppage, computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against us is to cancel your subscription.
Website Hosting Terms of Service
Our Internet Services
Our Terms of Business apply when we provide Internet services. In these terms, we have used "we" for Go2, "you" for our customer and "web design and hosting services" for everything we do in connection with your website.
Ordering Internet services
We normally require a signed, written order from you before we will provide any service. We reserve the right not to accept any order.
Our General Rights And Responsibilities
We agree to:
- respond promptly to your enquiries;
- provide our web design, hosting and access services as set out in the services schedule we send you;
- do our best to keep you informed about the features of our services as we introduce or improve them;
- provide clear explanations of our charges and billing procedures;
Your General Responsibilities
So that we can meet our responsibilities, you in turn agree to:
- provide all material we require from you promptly;
- make sure all material you provide to us is complete and accurate and meets any other quality or procedural requirements we notify you about from time to time;
- comply with the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992, all other applicable laws and any relevant Internet service Codes of Practice;
You must compensate us for any loss we may suffer, and indemnify us against any liability we may incur, resulting from the provision of Internet services for you, or you not meeting your legal responsibilities to us or to anyone else.
Paying For Internet services
You must pay our charges for Internet services we provide for you, regardless of whether your business has been sold or closed before we provide them. If you do not pay our charges by the due date shown on the account, we may require you to pay any costs we incur internally or pay to our agents (including commissions and legal costs on a solicitor-client basis) in recovering the money you owe or exercising our other rights.
Cancelling Your hosting service
You may cancel your hosting service by giving us one months written notice at any time. We will delete your website from our servers one month from receipt of your notice to cancel or as soon as is reasonably practicable if requested.
Transferring your hosting service
You may transfer your hosting service to another Internet Service Provider by giving us one month?s written notice at any time. We will delete your website from our servers one month from receipt of your notice to transfer or as soon as is reasonably practicable if requested.
Our Right To Withhold, Suspend, Restrict Or Terminate Services If you do not meet a responsibility of yours under this agreement or we consider your service order is unauthorised, we may withhold, suspend, restrict or terminate any service at any time. We may also edit material we consider to be unauthorised, misleading, offensive, defamatory or illegal. We will try to contact you before doing any of these things.
We do not guarantee that any service we provide will be continuous or fault-free and we may suspend or restrict any service at any time if we think it reasonable or necessary. Normal charges continue to apply during any suspension or restriction.
Consumer Guarantees Act 1993 You agree that you are acquiring our Internet services for the purposes of a business as defined in the Consumer Guarantees Act 1993 and that the provisions of that Act do not apply to any Internet service we agree to provide for you. (The Consumer Guarantees Act may not be applicable, in any event, to Internet services we provide.)
If you think that we have not met a responsibility we have to you, you must give us notice in writing. If, after discussing the issue with you, we consider that we have met our responsibilities, we will explain in writing why we consider this is so. You must still pay any outstanding charges by the due date.
If we find that we have not met any responsibility we have to you, we will discuss with you the various ways we can help you. We may give you either a credit to your account for an amount we think is appropriate or, at our option, non-monetary assistance.
The credit or alternative non-monetary assistance is available only once and its value is limited to a maximum of our charge to you for providing the particular service.
Exclusion of Liability
We have already set out your rights to compensation if we do not meet our responsibilities to you. We now exclude all other liability we may have to you. This exclusion also applies for the benefit of officers, employees, contractors and agents of Webiz Ltd. None of us is liable to you or has to pay you for anything else caused by or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with any of us. This exclusion applies whatever you are claiming for (including loss of profits or business) and however the liability arises or might arise if it were not for this clause.
Information About You And Your Business
We may collect information about you and your business from you and others, or from within our network when our services are used.
You may ask to see information we hold about you and ask for any details that are wrong to be corrected.
We may hold the information and share it with Go2 officers, employees, contractors, agents and customers, and with credit reference agencies, so as to provide services for you and others, send you bills, recover money you owe and keep you informed of services available to you.
You are responsible for keeping confidential any passwords used by or allocated to you.
We may assume that any request or instruction we receive is authorised by you if it is accompanied by suitable verification e.g. your Username or password.
Transfer Of Rights And Responsibilities
You may transfer all (but not part of) your rights and responsibilities under this agreement to someone else so long as we have received the transferee's written acceptance of responsibility and given you our written consent.
Each Term Separately Binding
If for any reason any term of this agreement cannot be enforced or relied on by you, us or any of the other people referred to in clause 11, all other terms remain binding.
No delay or failure to exercise a right under this agreement prevents the exercise of that or any other right on that or any other occasion. A waiver can only be in writing and applies only to the right and on the occasion specified in the waiver.
New Zealand Law Applies
All our Internet services are provided under New Zealand law. You may take legal action against us only in a New Zealand court.
We may send you notices to either the last postal address, last fax number or last e-mail address you have given us. Please advise us straight away if you change any of your contact details.
You may send us notices by post to Go2 Internet P.O.Box 183 Kumeu, Auckland, by fax to 09 412 6934 or by e-mail to email@example.com.
Both you and we can assume that any notice sent by mail has been delivered 3 days after it is posted. Any notice given by fax or e-mail is delivered when transmission is successfully completed if that is before 5 p.m. on a weekday or, if not, then on the next weekday.
Changing Our Terms Of Service
We may change these terms, by changing or removing existing terms or adding new ones, at any time.