Your use of the Ionica services is subject to these Terms and Conditions (T&Cs). These T&Cs are applicable to all services provided by Ionica.
By using the our Service(s) you confirm your acceptance to the T&Cs laid out within this document and implicitly form an Agreement between yourself and ourselves. The T&Cs may be updated and published on our website from time to time. Continued use of our Service(s) after the publication of new T&Cs signifies your agreement that the new T&Cs will immediately apply to our Agreement.
In the event of conflict between these T&Cs and any other terms and conditions (of the Customer or otherwise), the former shall prevail unless expressly otherwise agreed by Ionica in writing.
1.1) Provided that you have supplied all the necessary information, we will provide you with your chosen Service and any Service Equipment as may be necessary. We will use reasonable care and skill to deliver the Service and use all reasonable endevours to complete our obligations under these Terms and Conditions.
1.2) We will provide the Service and any Service Equipment to the address you supply within New Zealand provided that the address is within our Service Area.
1.3) Ionica do not guarantee that the Service will be free of faults but Ionica will make best endeavours to correct any faults which are reported to us within a reasonable period of time and in line with published service levels. Service levels for the Service provided will be published on Ionica’s website (www.ionica.co.nz/legal/).
2.1) You agree to perform all actions necessary to facilitate the installation of the Service. This includes, but is not limited to:- making modifications to your equipment; obtaining rights of access to the Service Property; obtaining permission to cross someone else’s land if required; obtaining permission to attach our equipment to the Service Property or someone else’s property (outside or inside) as necessary; obtaining permission to make minor and reasonable modifications to the property (such as drilling, nailing, etc), and any other reasonable actions requested by us.
2.2) You must ensure that any equipment you use or provide conforms to the relevant standards and approvals.
2.3) You must keep secret any username, password, identification number, or any unique information supplied to you by us for gaining access to the Service or any of our systems.
2.4) You must make payment for the Service and any related usage or installation fees on or before the due date.
2.5) You must use the Service in accordance with these Terms and Conditions and to perform any duties required by these Terms and Conditions. Specific attention should be paid to the acceptable use clauses.
2.6) You may not assign or transfer your rights and obligations under these Terms and Conditions, or any part of it, without the prior written consent of Ionica.
3.1) Any user, whether authorised or not, making use of the Service will be considered as doing so with your consent.
3.2) You will be wholly responsible for all use of the Service whether the use originated from yourself or another.
3.3) Any use of the Service will be considered to have originated from yourself as you are considered the Customer in the context of the Agreement. You are wholly responsible and accountable for all use of the Service whether performed by yourself or not.
4.1) We may provide some Service Equipment necessary to deliver the Service. All Service Equipment remains the property of Ionica and you must return this equipment to us in good working order upon termination of the Service for whatever reason.
4.2) If required, we will remove any Service Equipment at a cost of $199 (inc GST) which may be waivered if the Service is terminated without breach of these Terms and Conditions.
4.3) If the equipment is not returned or is damaged upon return, you may be charged for the replacement cost of the equipment at the prevailing retail price at the time.
4.4) You are expected to take good care of the Service Equipment and insure against fire, theft, and damage. If the equipment is lost or damaged, you may be charged for the replacement costs.
4.5) You agree not to interfere with the Service Equipment and any such interference may interrupt the service. Any such interruption is excluded from any SLA and you may be charged a fee to correct.
4.6) Loss, theft, or damage of the Service Equipment does not constitute a reason for termination or suspension of this agreement nor does it relinquish the customers responsibility for payment of service during the period of loss or thereafter.
4.7) For the avoidance of doubt the router, switch, wifi access point, microwave radio, microwave radio mount, external cabling, and surge protector are non-exhaustive examples of Service Equipment unless explicitly purchased by the Customer. The payment of an installation fee is unrelated to the supply of Service Equipment and does not constitute purchase of Service Equipment or the transfer of title of the same.
5.1) You agree to ensure that the Service is not used for any illegal, improper or immoral purpose.
5.2) The following is a non-exhaustive list of activities that are prohibited:
5.3) You are not permitted to re-sell, rent, share, offer for free, or otherwise allow a third to use the Service without our written permission.
5.4) You are not permitted to use the Service for transit or backhaul of traffic to and/or from another network whether or not encapsulated using tunnelling technology. For example, backhaul for an ISP.
5.5) Home / residential packages are for use at a single residential dwelling and may not be used for hosting commercial services such as web servers, mail servers, DNS servers, etc.
6.1) In the case where Ionica offers a "Totally Unlimited" service, the Customer is permitted to transmit any amount of data without additional charge.
6.2) In the case where Ionica offers a service limited by usage, the Service will be limited in speed to 256kbps upon breach of the usage allowance. Upon agreement between the Customer and Ionica, the limit will be removed in exchange for payment per 1GB of additional usage in excess of the limit.
6.3) Calculation of data usage is performed as follows:
6.4) To minimise congestion within the network, Ionica reserves the right to prioritise certain traffic types at its sole discretion
7.1) Once you have placed an order, you can cancel before the Service is installed based upon the following penalties:
7.2) Once the Service is installed you may cancel at any point by giving 30 days written notice.
7.3) If you cancel the Service before the end of the Initial Term, you will be charged an early termination fee equal to the remainder of the fees for the Initial Term.
7.4) Either party may terminate this Agreement at any time if:
7.5) We may suspend Service or terminate this Agreement at any time if:
7.6) Termination of the Agreement shall not relieve the Customer of its obligation to pay any charges incurred or any other obligations under the Agreement designed to survive termination.
7.7) Upon suspension of the Service, Ionica may at its sole discretion choose to:
7.8) When moving premises, or otherwise changing the location of the Service Property, the following conditions are applicable:
8.1) Ionica may alter the Service fee at any time on or after the expiry of the Initial Term by providing 30 days prior written notice.
8.2) Unless otherwise advertised in the product description, all residential Service fees are inclusive of GST and all business Service fees are exclusive of GST.
8.3) Any variable or usage based charges such as bandwidth usage and post-paid telephone calls will be invoiced in arrears at the end of the monthly billing cycle. Payment of these charges is due within 10 calendar days.
8.4) Any fixed charges such as broadband rental will be invoiced in advance at the beginning of the monthly billing cycle. Payment of these charges is due immediately.
8.5) In the case of payment not being received by 23:59:59 on the day after the due date, the Service and all related Services will be suspended until such time that payment has been received. A $5.00 (inc GST) administration fee per month per Service will be applied to your account whilst it is suspended. Service and usage fees will continue to accrue during the suspension period.
8.6) Invoices and notifications of an account becoming overdue will be delivered via email to the address you have supplied. You are responsible for ensuring we have the correct email address on record and ensuring that such emails are promptly read.
8.7) Upon reactivation of your Service after suspension, the monthly due date will remain unchanged from its original and no compensation will be provided for the duration of the suspension.
8.8) If unresolved, delinquent accounts will be passed to a debt collection agency. Any costs associated with debt collection will be at the expense of the Customer and will be added the outstanding account.
8.9) The Customer shall reimburse Ionica for all reasonable costs and expenses incurred as a result of such suspension including any reconnection fee.
8.10) Title to any equipment, data, or items of value (Goods) shall remain with Ionica and shall not pass to you until the full purchase price of the Goods has been received by Ionica. Until title passes to you, we have the authority to retake, sell and otherwise dispose or reuse any of the Goods in question by entering the property where the Goods are located or reasonably believed to be located for the purposes of removal of the Goods.
8.11) No payment shall be considered made until it is received by Ionica or its collection agency in cleared funds.
8.12) Interest shall accrue on overdue invoices from the Due Date until payment (whether before or after judgment) at the annual rate of four percent above the prevailing base lending rate of Westpac New Zealand. Interest shall accrue even if the Agreement is terminated for whatever reason.
8.13) Any usage charges such as telephone calls or bandwidth usage shall be calculated with reference to data recorded or logged by Ionica and not by reference to any data recorded or logged by the Customer, nor by reference to any information provided by Ionica to the Customer for information purposes only.
8.14) Any outstanding fees owed to Ionica under this agreement, including but not limited to service fees, usage fees, and early termination fees, will be collected via the normal agreed payment method (e.g. credit card) upon termination of this agreement. If this payment method fails, the Customer must provide an alternative method of payment.
8.15) All charges and fees are non-refundable.
8.16) The financial or economic circumstances of the Customer are insufficient cause for force majeure.
9.1) Any router supplied with our Service must be connected to the Master Socket in the premises or Ionica cannot accept any responsibility for associated deterioration in Service which may result (e.g. poor or inferior wiring in the customer’s premises).
9.2) The Customer must report all faults on the Service to Ionica within 24 hours of the fault occurring by contacting our Customer Service Help Desk.
9.3) Ionica reserves the right to use such Carrier or Carriers as Ionica consider appropriate to deliver the Service.
9.4) Ionica or any provider or Carrier who may be supplying Services to the Customer may at any time need to audit the Service and supplied equipment to check its operational status and effectiveness and the Customer agrees to co-operate with such audit promptly and fully.
9.5) Any on-site installation service will limit any cabling works to twenty metres. Ionica will provide additional cabling where required and reserves the discretionary right to charge $2.00 (inc GST) per metre for additional cable.
9.6) The Customer is responsible for, and will indemnify Ionica against, any fees levied for an aborted installation visit for any reason, such as, inability to access property or incorrect information supplied.
9.7) The Ionica wireless service is provided using radio communications. If the service can no longer be provided due to circumstances beyond our control such as excessive interference, line-of-sight blockage, change in regulatory rules, etc, Ionica may seek an alternative arrangement whilst enacting the conditions of Force Majeure.
9.8) The Customer agrees not to cause radio interference affecting the performance of the Service.
9.9) Services that specify a minimum access speed will be measured to provide the stated speed using professional testing equipment and methods provided by Ionica. Should the service speed fall below the minimum stated access speed we may at our discretion opt to terminate the Service by either:
9.10) Provision of a fixed line from Chorus, Spark or any other provider is conditional upon:
9.11) Where the Service includes a telephone line from Chorus, Spark, or any other Carrier, the following clauses apply:
9.12) In the event that the Service fails and the Customer has to divert calls to another service, Ionica will not be responsible for any charges related to call diversion or additional call charges.
9.13) You expressly acknowledge and confirm that you do not rely upon Ionica to provide 111 or any other emergency services.
9.14) Any pre-paid credit not used on your account after 365 days of inactivity shall expire and is non-refundable.
9.15) In the event that the Service fails and the Customer has to divert calls to another service, Ionica will not be responsible for any charges related to call diversion or additional call charges.
9.16) You accept that if we provide you with a telephone number that you do not own that phone number and will not transfer it to anyone else or try to do so.
10.1) The Customer shall notify Ionica of any material fault in the Service and Ionica shall use all reasonable endeavours to remedy the fault as quickly as practicable.
10.2) Service levels for the Service provided will be published on Ionica’s website (www.ionica.co.nz/legal/).
10.3) The Customer may be charged for any repair work and any reasonable costs incurred by Ionica if such repair work results from the Customer’s own act or omission or is requested by the Customer but is found by Ionica to be unnecessary.
10.4) We are not responsible for the resolution of faults which occur:
10.5) Ionica will not be responsible for the performance of any equipment connected to the Service that has not been supplied by Ionica or for the performance of internal cabling within the customer’s premises beyond the Master Socket.
10.6) The Customer will be responsible for, and indemnify Ionica against, any charges by 3rd parties (such as Chorus) where no fault was found, or the property could not be accessed, or the site visit was aborted for any reason.
10.7) Where a Service Level Agreement (SLA) covers the Service, the following terms govern its operation:
11.1) Ionica will maintain backups of systems necessary to provide the service for use as part of a disaster recovery plan.
11.2) Any backups are for Ionica internal use and are not intended to provide recovery of customer data following accidental loss by the Customer.
11.3) Whilst we make every effort to protect the data on our systems, we offer no guarantee as to the future availability of such data. It is therefore recommended that you make independent backups of any data you wish to protect.
11.4) Ionica is not liable for the loss of any data stored on its systems whether as part of a paid service or for free.
12.1) Resellers and their customers are bound by the same Terms and Conditions laid out within.
12.2) By reselling our services you agree that Ionica cannot be held responsible for any promises or terms and conditions that you may have extended to your customer.
12.3) Ionica make no promise of income or earnings from resale of our services. In the event that the Service is terminated, suspended, or otherwise unfit for purpose, Ionica shall not be liable to a reseller for any loss of income or earnings either directly or consequentially.
12.4) Resellers are obliged to provide these Terms and Conditions to their customers who are subscribing to a Ionica service.
12.5) Resale of Ionica services is only permitted by bona-fide resellers who have been approved in writing by Ionica.
13.1) You agree to ensure that everybody using the Service abides by these Terms and Conditions. You further agree that all actions of everybody using the Service are considered as though the action was performed by yourself.
13.2) Notice in writing can be delivered either via email, post, or fax. Notices from Ionica to the Customer shall be to the address or fax number provided by the Customer and it is the Customer’s responsibility to ensure this information is up to date. Notices from the Customer to Ionica shall be to the address or fax number published on the Ionica website (www.ionica.co.nz).
13.3) If any provisions of the Agreement terms and conditions are held by a court or any government agency or authority to be invalid or unenforceable, the remainder of the Agreement terms and conditions shall to the extent possible remain valid and enforceable.
13.4) Ionica reserves the right to change these terms and conditions at any time by giving 30 days prior notice.
13.5) Ionica owns all the intellectual property related to our equipment and/or service.
13.6) You may not transfer your rights under these terms and conditions. We may transfer our rights by giving 30 days notice.
14.1) Ionica may store and process such Customer personal data for the purposes of administering the relationship with the Customer.
14.2) Ionica may also, from time to time, use such personal data to provide the Customer, whether by telephone, facsimile, electronic mail or other means of communication, with details of products and services of Ionica which may be of interest to the Customer.
14.3) Ionica reserves the right to record any telephone conversations between the Customer and the Ionica staff for the purpose of training and administration of the relationship with the Customer.
14.4) By entering into an agreement, the Customer expressly agrees to the use of personal data for the purposes described above.
14.5) We may, from time to time, inspect your use of our Service to ensure compliance with these terms and conditions and our acceptable use policy. No records of information will be kept other than for statistical purposes, or where evidence of a breach is required.
15.1) As Ionica is not aware how a breakdown or a defect in the service might affect the running of the customer’s affairs, Ionica will not be responsible for any financial loss associated with an interruption to the Service. As you (the Customer) are aware of your own requirements, if you think you require protection against this risk, you should insure against it yourselves and/or make appropriate arrangements for any disruption to your service. The charges for delivery of the Service have been worked out on the basis that Ionica is not responsible for this risk, even if such loss is the fault of Ionica.
15.2) You agree that Ionica will not be liable for any indirect or consequential damages including but not limited to loss of profits or data or for any claim made on you by any other party even though Ionica may have been notified of such damage or claims.
15.3) Neither party to this Agreement shall be responsible for failure to fulfil its commitments in this Agreement if such failure is due to any circumstances outside its control. Such circumstances comprise, but are not confined to, acts of God, war, riots, sabotage and terrorism.
15.4) In the event that the Service fails and the Customer has to use the services of another organisation Ionica will not be responsible for any charges that the other organisation should make.
16.1) You agree to indemnify us and our employees, servants and agents from and against any lawsuits, demands, liabilities or costs resulting or arising from or connected with your use of our Service or by any person using the Service allocated to you.
17.1) Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing their obligations if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any necessary licence), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
18.1) The Agreement shall be governed by New Zealand law and the Parties irrevocably agree to the exclusive jurisdiction of the New Zealand courts.