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Application and Scope

This Internet Connection Agreement applies only to the supply of a connection to the Internet within New Zealand and is supplementary to Modica’s Standard Terms and Conditions, and is incorporated into them by reference as a Service Schedule. In the event of any inconsistency between Modica’s Standard Terms and Conditions and this Internet Connection Agreement, this Internet Connection Agreement shall take precedence.

1. Definitions

Customer Premises Equipment (called “CPE”) means equipment, a machine, its features, conversions, upgrades, elements, or accessories, or any combination of them that we install on your premises for the purpose of providing you a Service. No license is granted to you for licensed internal code contained in CPE.

Service means the performance of a task, provision of advice or counsel, assistance, or access to, and use of, CPE, programs, networking facilities and associated enhanced communication and support services.

Third Party Network Equipment means the telecommunication and information technology network and all equipment relating thereto used in accessing the Service but excludes all Modica equipment.

2. Your Connection to the Internet

We will arrange for your Internet connection to be installed. Modica will be your point of contact for all queries relating to your connection including, but not limited to, account enquiries and fault enquiries but excluding queries relating to any circuit involved in the delivery of data to your premises where that circuit is not purchased through Modica.

2.1 Access to Services and Outages

Modica’s, and its suppliers’ networks are generally available 24 hours a day, seven days a week. Modica reserves the right to schedule reasonable hours for maintenance or network changes at their discretion. Wherever possible Modica will arrange Scheduled Outages between the hours of 11pm and 5.30am. Modica will endeavour to provide you with advanced warning of any such scheduled outages. Modica takes no responsibility whatsoever for the network or any service not being available due to: a) any planned or unplanned breaks in the external public electricity supply to any Modica equipment, hardware or premises or those of our suppliers; b) any fault or outage in your equipment; c) any fault or outage in any Third Party Network Equipment that specifically is not part of the Services.

2.2 Customer Premises Equipment

We may provide CPE to be installed on your premises solely for the purpose of enabling us to provide a service to you. Title to CPE is not transferred to you unless explicitly noted in the Service Schedule. As appropriate, we will provide you with physical planning information for the CPE. You agree to comply with that information in order to provide an environment meeting our specifications. We will:

  1. install applicable CPE at your site unless we specify otherwise;
  2. maintain the CPE in accordance with its specifications; and
  3. be responsible for all dismantling, return, removal, and shipping charges for the CPE.

You agree to:

  1. provide and pay for the physical space and electrical power for the CPE at your site;
  2. provide, at no cost to us, adequate security to protect the CPE from theft, loss, damage or misuse;
  3. be responsible for loss of or damage to the CPE caused by your, your employees’ or your agents’ intentional acts or negligence;
  4. provide us or our designee with all assistance reasonably necessary to permit us access to your site to perform inspection, installation, preparation for return, or maintenance (including engineering changes) as is appropriate;
  5. not alter, move to other locations, or transfer to anyone else the CPE and any licensed internal code associated with it without our prior written approval;
  6. keep the CPE and any licensed internal code associated with it free from all liens, charges, or encumbrances;
  7. affix and keep in a prominent place on the CPE any marking or label we require; and
  8. return to us or permit us or our designee to remove, at our option, the CPE and any licensed internal code associated with it along with any provided physical planning documentation when the service is withdrawn, terminated, or expires and is not renewed.

2.3 Your Transmitted Information

We, and our suppliers, maintain security procedures for your data while it is stored on or transmitted over equipment and facilities we respectively control. You are responsible for management of your data stored on or transmitted over our network. Such management includes, but is not limited to, backup and restoration of data, erasing data from disk space you control, and your selection and use of the security features and options that we provide as Services. Apart from Services we provide you are responsible for the development and maintenance of management and security procedures you deem appropriate to protect your information such as application logon security and encryption of data. Modica and our suppliers will monitor, record and report on traffic flow information sufficient for the purposes of reporting compliance with any Service Levels specifically detailed in the Service Schedule, gathering statistics, traffic billing, problem diagnosis, capacity planning and traffic prioritisation. You agree that Modica and our suppliers may monitor and record traffic flow information on our facilities for the purpose of investigating possible breaches of the Acceptable Use Policy. We warrant that information obtained by such monitoring will not be used or disclosed except for the purpose for which it was collected, or as required by law, in which case we will notify you of the circumstances in which such information is required and permit you to challenge the reasons for such disclosure, subject to the provisions in the Telecommunications (Interception Capability) Act 2004.

2.4 Third Party Network Equipment Fault Service

Where a fault is reported to Modica that is found to be located within Third Party Network Equipment Modica will promptly:

  1. inform the relevant third party of the fault;
  2. to the extent possible require the relevant third party rectify the fault monitor the rectification of the fault;
  3. and keep you informed of the progress of such rectification.

 

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