MAXIMUM INTERNET LIMITED (Maxnet)

STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND/OR SERVICES v2003.1


Effective: 02/09/2003



1. Definitions
a) 'Maxnet' is Maximum Internet Limited, trading as 'Maxnet', and it's employees, officers, agents, and affiliates.
b) The 'Agreement" means Terms and Conditions and the details on the Application for Maxnet Internet Account
c) The 'Customer' refers to all other persons, companies, or other entities identified on the Application for Maxnet Internet Account
d) The 'Service' means the computing and communication service known as the Maxnet Internet Service, as modified from time to time.

2. Application and Variation of these Terms
These terms and conditions are the terms on which Maxnet provides services or goods to its customers, modified by any written contract between Maxnet and it's Customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede prior agreements, excluding specific term contracts and contracts with Service Level Agreements. Maxnet may modify these terms as applying to any agreement, the pricing structure for any Service (excluding term contracts) or the terms of the operation by general notice at http://www.maxnet.co.nz, under Maxnet News, and by email newsletter to the last email address provided to Maxnet by the Customer. The Customer is required to keep their contact details with Maxnet current. Any use of Service more than 30 days after joining or 30 days after modification of these terms will constitute acceptance of these terms.

3. Charges
The service is a subscription service payable in advance. The customer must pay for all goods and services by the due date. In particular the Customer must pay for all service time charges and other amounts incurred by the Customer or its Users or incurred as a result of any use of the Customer Password (whether authorised or not) in accordance with the billing option selected. In addition, the Customer may be liable for all charges and expenses incurred by Maxnet resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses.

4. Internet Connectivity
Maxnet reserves the right to disconnect users who, in Maxnet’s sole discretion, have been online an unreasonable length of time. Maxnet allows the simultaneous logging in, on dialup accounts, of more than one user of an account. Charges for the time used simultaneously is billed monthly to the Customer’s account. Customer takes responsibility for all use of the usernames and passwords on their account. ADSL accounts are restricted to one phone line per account.

5. Customer Costs
In addition the Customer must provide and pay for: a) the installation and use of telephone lines and all other equipment needed to access the Service at their own cost; b) all government taxes, duties and levies (if any) imposed on the customer or Maxnet in respect of any Services or goods supplied excluding income tax.

6. Payment of Accounts
a) Payment for all service is due upon the invoice due date. The Customer must pay all amounts billed in accordance with the billing option they are on. Any questions regarding the charges on an account must be addressed within 60 days of the billing date. Changes to the monthly account part way through a month are permitted with a $10 administration fee and a resetting of the billing date. Where a charge is in dispute the Customer may withhold the disputed portion whilst it is investigated but non-disputed charges may not be withheld.
b) No credit terms are given. If payment is not received after the due date a finance fee of 2% (minimum $1) per month will be payable on all overdue amounts.
c) Accounts with a balance more than 30 days overdue may be suspended without further warning. A $10 Suspension fee will be automatically applied. Suspended accounts may not be altered or closed until full payment is received.
d) Suspended accounts may be sent to Maxnet’s debt collection agency without further notice. Any expenses incurred in the recovery of debt, including but not limited to legal and debt collection costs, shall be claimed on the customer.

7. Security Deposit
Maxnet may require the payment of a security deposit before providing the service, or as a condition of continuing any Service, and may use the security deposit to meet any costs, loss or liability incurred by the Customer. When the Customer has fully performed his or her obligations, Maxnet shall return the outstanding balance of the security deposit, without interest.

8. Credit Checks Privacy Consent
The Customer consents to Maxnet obtaining credit reports and information containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by Maxnet of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.

9. Privacy
Maxnet will not reveal, sell, or in any way divulge information about the Customer or the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant.

10. Publication at Customers Risk
The Customer accepts responsibility for all information and material issued by the Customer over any Service, and indemnifies Maxnet against any liability in relation thereto. In particular the Customer undertakes that it shall not publish, distribute or issue any information that is illegal, including copyrighted materials. The Customer also acknowledges that Maxnet does not vet or approve any information or material available through any service and that Maxnet does not accept any liability. To the full extent permitted by law the Customer accesses and uses such information and material at his or her own risk.

11. Provision of Service
Maxnet endeavours to provide continuous uninterrupted service at all times; however the Service provided to the Customer is not fault free and relies on factors outside the control of Maxnet. The Service is provided to the Customer at such times and means as Maxnet decides.

12. Exclusion of Liability
Except as provided in clause 13 Maxnet is not liable to the Customer or any other person for:
a) any cost, loss or liability (including loss of profit or other consequential damage) arising from Maxnet’s supply or failure or delay in supplying Service.
b)the content, context, or confidentiality of any communications made using the Service. Maxnet does not provide support for third party software, including software downloaded from the Internet.

13. Limitation of Liability
Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of any Service or goods are excluded and Maxnet will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service or goods inclusive of any software material hosted or designed by Maxnet. However, Maxnet's liability for any breach of such implied term or warranty will be limited at Maxnet's option or in any way permitted by the legislation including where so permitted:
a)If the breach relates to goods: the replacement or repair of the goods; or the payment of the costs of replacing or repairing the goods.
b)If the breach relates to services: the supplying of those services again; or the payment of the costs of having those services supplied again.

14.Breaches
The Customer shall indemnify Maxnet against any loss (including any loss of profit) incurred by Maxnet as a result of any breach of the terms of any agreement with Maxnet including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).

15. Indemnity
The Customer shall indemnify Maxnet against all claims, expenses, damages, or other liabilities arising directly or indirectly from accessing of obscene, defamatory, or offensive material via the Maxnet Internet service or the filtered Internet service of Net Guardian.

16. Termination
Either party may terminate a non-fixed term agreement with 30 days written notice. Any balance owing on an account must be paid prior to closure. After reasonable notice is given Maxnet may terminate any agreement of the provision of any Service if:-
a). the customer breaches any term of any agreement
b). Maxnet forms the opinion in good faith that the Customer is or may be insolvent.
All deposits paid to Maxnet will be non-refundable if at any time the customer cancels the order.
All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.

17. Suspension of Service
Maxnet may from time to time without notice, for reasons other than payment (reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:
a)During any technical failure, modification or maintenance involved in the Service provided that Maxnet will endeavour to procure the resumption of the Services as reasonably practicable; or
b)If the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in Maxnet's opinion may have the effect of jeopardising the operation of any Service.
Notwithstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.

18. Information Received
Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding Maxnet's Service in any way which is to be used for competitive purposes in relation to the Service.

19. Assignment
The Customer cannot assign its rights under any agreement with Maxnet without the prior written consent of Maxnet. Maxnet may transfer our rights and responsibilities under this assignment to another party with 30 days written notice to you.

20. Governing Law
This Agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts. It is illegal to view certain types of information (notably types of pornographic material) in New Zealand. Users of Maxnet may not break any laws while using the system. The availability of such material on the Internet is beyond Maxnet’s control.

21. Acceptable Use
Users of Maxnet are expected to adhere to all policies of Maxnet, available in writing upon request or at: http://terms.maxnet.co.nz While hacking, spamming and port scanning are not illegal activities in New Zealand, Maxnet does not support or condone these activities without the expressed consent of the recipient or administrator of that system.