Common use of Coverage and Services Clause in Contracts

Coverage and Services. (a) While we will do our best to provide quality services, because of the nature of telecommunications, it is impossible to guarantee a fault-free Service, as the quality and coverage of the Services depends partly on our network, and partly on other Telecommunications Service Providers to which our Services are connected. (b) You agree • To keep any password, PIN number or security code that relates to the Services confidential, and to change any of the same if we request that you do so; • To notify us immediately if you believe that someone else has discovered your password, PIN number or security code, or has made fraudulent use of the Services (c) You must remove your email from our mail server promptly, and keep space used by your files to a reasonable level. If you do not regularly remove your emails, or it builds up to an unreasonable level, we may remove it ourselves. (d) The Services have free, mandatory virus and spam filtering activated on them, which prevent our mail servers from forwarding contaminated or spam- generated emails to the recipient. However, we cannot guarantee that the Services will prevent every virus or spam item being forwarded, and it will not filter out any virus or spam that do not pass through our mail servers. As such, we recommend that you install current anti- virus software and run regular scans of your computer. (e) You agree that you will not use the Services: • in a way which breaks any law or infringes anyone’s legal rights; • to obtain unauthorised access to anyone’s computer or communications equipment; • to annoy anyone or to interfere with anyone else’s use of our Services. (f) We reserve the right to remove any material from our servers which we consider, in our reasonable opinion, to breach the terms of this Agreement or any law. (g) The Services may be changed, modified, advanced, suspended or removed by us. We will notify you before doing this, or introducing substitute or new services in accordance with paragraphs 18 and 21 below. If any of our new Services require new or upgraded equipment, you will be responsible for obtaining that equipment. (h) You acknowledge that we do not support Voice over Internet protocol (“VoIP”) and that we can provide no assurance that currently available access levels may be maintained. (i) You agree to follow our instructions about the use of the Services and ensure that all Users meet your responsibilities when using your Service. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the Services. You are responsible for any Users use or misuse of the Services. (j) You agree not to use the Services for any abusive, illegal or fraudulent purpose. (k) Using or agreeing to use the Services does not give you any rights in any part of the Services. You must not resell, in any way whatsoever, the whole or any part of the Services. (l) You agree that if you do not use the Services in accordance with these conditions and, with our Fair Use Policy, we may restrict or suspend your use of the Services. (m) You acknowledge that our control of data speeds is limited to our own network. We may use traffic prioritisation policies at any time to improve the overall performance among our customers. Connections to servers outside the One New Zealand network are on a “best endeavours” basis, and it may not be possible for you to achieve your desired or expected speed or latency. (n) The integrity or quality of the data or information you send or receive via the Services may be affected or compromised due to the configuration of our network, the use of the internet, or the configuration or limitations of your, or your intended recipient's, hardware or other device.

Appears in 1 contract

Sources: Terms and Conditions

Coverage and Services. (a) While we will do our best to provide quality services, because of the nature of telecommunications, it is impossible to guarantee a fault-free Service, as the quality and coverage of the Services depends partly on our network, and partly on other Telecommunications Service Providers to which our Services are connected. (b) You agree • To keep any password, PIN number or security code that relates to the Services confidential, and to change any of the same if we request that you do so; • To notify us immediately if you believe that someone else has discovered your password, PIN number or security code, or has made fraudulent use of the Services (c) You must remove your email from our mail server promptly, and keep space used by your files to a reasonable level. If you do not regularly remove your emails, or it builds up to an unreasonable level, we may remove it ourselves. (d) The Services have free, mandatory virus and spam filtering activated on them, which prevent our mail servers from forwarding contaminated or spam- generated emails to the recipient. However, we cannot guarantee that the Services will prevent every virus or spam item being forwarded, and it will not filter out any virus or spam that do not pass through our mail servers. As such, we recommend that you install current anti- virus software and run regular scans of your computer. (e) You agree that you will not use the Services: • in a way which breaks any law or infringes anyone’s legal rights; • to obtain unauthorised access to anyone’s computer or communications equipment; • to annoy anyone or to interfere with anyone else’s use of our Services. (fd) We reserve the right to remove any material from our servers which we consider, in our reasonable opinion, to breach the terms of this Agreement or any law. (ge) The Services may be changed, modified, advanced, suspended or removed by us. We will notify you before doing this, or introducing substitute or new services in accordance with paragraphs 18 17 and 21 20 below. If any of our new Services require new or upgraded equipment, you will be responsible for obtaining that equipment. (h) You acknowledge that we do not support Voice over Internet protocol (“VoIP”) and that we can provide no assurance that currently available access levels may be maintained. (if) You agree to follow our instructions about the use of the Services and ensure that all Users meet your responsibilities when using your Service. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the Services. You are responsible for any Users use or misuse of the Services. (jg) You agree not to use the Services for any abusive, illegal or fraudulent purpose. (kh) Using or agreeing to use the Services does not give you any rights in any part of the Services. You must not resell, in any way whatsoever, the whole or any part of the Services. (li) You agree that if you do not use the Services in accordance with these conditions and, with our Fair Use Policy, we may restrict or suspend your use of the Services. (mj) You acknowledge that our control of data speeds is limited to our own network. We may use traffic prioritisation policies at any time to improve the overall performance among our customers. Connections to servers outside the One New Zealand Metrocom Ltd network are on a “best endeavours” basis, and it may not be possible for you to achieve your desired or expected speed or latency. (nk) The integrity or quality of the data or information you send or receive via the Services may be affected or compromised due to the configuration of our network, the use of the internet, or the configuration or limitations of your, or your intended recipient's’s, hardware or other device. (l) From time to time scheduled outages will be required for maintenance and upgrade purposes.

Appears in 1 contract

Sources: Service Agreement

Coverage and Services. (a) While we will do our best to provide quality services, because of the nature of telecommunications, it is impossible to guarantee a fault-free Service, as the quality and coverage of the Services depends partly on our network, and partly on other Telecommunications Service Providers to which our Services are connected. (b) We reserve the right to temporarily suspend the Services or restrict access to our network for planned and unplanned maintenance or repair. (c) We will be available to fix any Service interruption in accordance with the Service Levels and will use reasonable endeavours to minimise their duration. There is no charge for this except where you (or anyone for whom you are responsible) cause the interruption. (d) We agree to: • provide the Services to you with due care and skill to a standard meeting or exceeding that which can reasonably be expected from a telecommunications or internet service provider providing the same or similar Services. • commence providing the Services in a timely manner. • ensure our Service Specifications are adhered to. • use reasonable endeavours to achieve or better our Service Levels • credit your account where we do not meet our Service Levels; at the amount detailed by those Service Levels (if any) • be available to fix any interruption that occurs to any of the Services. • use reasonable endeavours to minimize the duration of any interruptions to the Services. • ensure that any scheduled maintenance is scheduled at a time so as to minimise inconvenience to the majority of affected customers and use reasonable endeavours to give you the advance notice as specified in our Service Levels • have all work that we perform carried out by competent and suitably qualified personnel. • use reasonable endeavours to answer any question or resolve any complaint which you may have about our Service. in a timely manner • supply the Services to you as if they have been supplied directly by us (notwithstanding that there may be third party inputs to such Services) except where the provision of third-party inputs is expressly excluded from such commitment. (e) You agree to: To keep Keep any password, PIN number or security code that relates to the Services confidential, and to change any of the same if we request that you do so; . To notify Notify us immediately if you believe that someone else has discovered your password, PIN number or security code, or has made fraudulent use of the Services (c) You must remove your email from our mail server promptly, and keep space used by your files to a reasonable level. If you do not regularly remove your emails, or it builds up to an unreasonable level, we may remove it ourselves. (d) The Services have free, mandatory virus and spam filtering activated on them, which prevent our mail servers from forwarding contaminated or spam- generated emails to the recipient. However, we cannot guarantee that the Services will prevent every virus or spam item being forwarded, and it will not filter out any virus or spam that do not pass through our mail servers. As such, we recommend that you install current anti- virus software and run regular scans of your computer. (ef) You agree that you will not use the Services: • in a way which breaks any law or infringes anyone’s legal rights; . • to obtain unauthorised access to anyone’s computer or communications equipment; . • to annoy anyone or to interfere with anyone else’s use of our Services. (fg) We reserve the right to remove any material from our servers which we consider, in our reasonable opinion, to breach the terms of this Agreement or any law. (gh) The Services may be changed, modified, advanced, suspended or removed by us. We will notify you before doing this, this or introducing introduce substitute or new services in accordance with paragraphs 18 16 and 21 19 below. If any of our new Services require new or upgraded equipment, you will be responsible for obtaining that equipment. (h) You acknowledge that we do not support Voice over Internet protocol (“VoIP”) and that we can provide no assurance that currently available access levels may be maintained. (i) You agree to follow our instructions about the use of the Services and ensure that all Users meet your responsibilities when using your Service. You agree to keep us protected against any legal action taken against us and to meet cover any losses we may incur as a result of such use of the Services. You are responsible for any Users User’s use or misuse of the Services. (j) You agree not to use the Services for any abusive, illegal illegal, or fraudulent purpose. (k) Using or agreeing to use the Services does not give you any rights in any part of the Services. You must not resell, in any way whatsoever, the whole or any part of the Services. (l) You agree that if you do not use the Services in accordance with these conditions and, with our Fair Use Policy, we may restrict or suspend your use of the Services. (m) You acknowledge that our control of data speeds is limited to our own network. We may use traffic prioritisation policies at any time to improve the overall performance among our customers. Connections to servers outside the One New Zealand Metrocom Ltd network are on a “best endeavours” basis, and it may not be possible for you to achieve your desired or expected speed or latency. (n) The integrity or quality of the data or information you send or receive via the Services may be affected or compromised due to the configuration of our network, the use of the internet, or the configuration or limitations of your, or your intended recipient's’s, hardware hardware, or other device. In such events you may not be able to make emergency services calls from your VoIP phones and you and your staff would need to use alternative means to contact emergency services. (o) From time-to-time scheduled outages will be required for maintenance and upgrade purposes. (p) Because of the nature of these services, we cannot guarantee the confidentiality of any calls or transmissions you make using the service. Maintaining and protecting how and when your service is used is solely your responsibility. You must pay all charges on your account regardless of whether you or someone else uses those services.

Appears in 1 contract

Sources: Service Agreement