Terms and ConditionsUpdated 10 months ago
Use of Mythical Fibre's services is acknowledgement and acceptance of our terms and conditions as set out below.
1. As a customer of Mythical Fibre these Terms & Conditions form the basis of Mythical Fibres’ contract with you, along with your online application and with agreement to transfer your services to Mythical Fibre at the prices applicable at the time. If you use our internet services, then the Terms and Conditions specific to internet services included at the end of this section will also apply and form part of our contract with you.
2. We may amend our prices, terms, and conditions from time to time as updated on our website www.MythicalFibre.co.nz or notified to you in writing. Any change in the prevailing rate of GST will result in a corresponding change to quoted rates/prices regardless of any term contract that may be in place at the time. Price lists or copies of our terms and conditions are available on our website. Amendments to these will vary our contract with you. We may interpret your ongoing use of our services after that date as constituting your acceptance of the amendments.
3. In this contract we use the terms “Mythical Fibre”, “we”, “our”, and “us” to refer to Mythical Fibre Limited trading as Mythical Fibre, “you” and “your” to refer to the person with whom we have the contract (our customer), and “services” to refer to the internet services we provide to you under this contract. Headings in this contract do not affect their interpretation.
Our commitment of service to you:
4. Once you are connected to our network(s) we aim to provide you with consistently reliable and good quality services. Services can be affected by radio interference, atmospheric conditions, geographical factors, network congestion, maintenance, outages on other networks, configuration imitations and more. We do not guarantee that the service we provide will be perfect at all times, nor can we guarantee the integrity of data sent or received via the services. If and when your services are disrupted, we will do our best to reinstate our services to you as soon as we can.
5. Emergency Calling: Mythical Fibre provides Broadband only connections, which means this is WITHOUT a landline. You must ensure you have alternative methods for calling emergency services.
6. From time to time there may be changes to the ways in which you can access our network, and we will advise you of any such changes to your access in advance of them taking place.
7. The services we supply to you will be supplied to you in whatever way we think is appropriate. We can choose the carriers used to provide our services and we can change the carriers at our discretion.
8. Mythical Fibres’ customer support is via our website under the section My Mythical Fibre/Support Requests or by emailing us on [email protected]. Limited telephone support is available, we believe internet based communication methods are the best to assist you, but if you require phone support, you may call 03 244 0306. If an agent is not available, you can leave a message for one of our staff to call you back as soon as possible.
Your general responsibilities:
9. You agree that you will:
pay for all goods and services we provide to your connections, regardless of whether it is you who uses them.
ensure that all of the information you give us is correct and complete.
comply with any legal requirements concerning the use of our services.
comply with any requirements of any other carrier in relation to the use of its network.
ensure that you, or anyone else who uses the services uses them only for the purpose for which they are provided.
ensure that you, or anyone else who uses the services follows our instructions for use of the services and abides by the terms of this agreement.
ensure that no services or products of Mythical Fibre are resold without the express permission of Mythical Fibre.
ensure that you, or anyone else who uses the services do not use these services for any abusive, illegal or fraudulent activity.
provide necessary information and access to enable us to use and take over responsibility for your services, accounts and phone numbers as is required in our provision of service to you.
provide reasonable access during normal working hours to our employees, contractors and representatives or any other carrier to perform any work required for the commencement, operation and continuance of our service to you or to wider networks. Where possible we will make an appointment prior to requiring access.
accept responsibility for any loss, theft or damage (beyond normal wear and tear) of any Mythical Fibre owned equipment residing at your premises, including the cost of replacement or repair if required.
10. You are responsible for ensuring that all calls or other communications (collectively, ‘calls’) specifically or inadvertently directed into our network from your communications equipment or systems relate to services you have ordered from us and services we have agreed to provide to you. You must ensure no ‘calls’ directed onto our network relate to services you have agreed to take from another carrier, and that you have no pre-programmed calling procedures installed on or linked to your equipment or systems. You will be liable for our charges in conveying or dealing with any such ‘calls” that we have not agreed to carry and we accept no liability for any discount or benefit you would have received had you complied with those obligations
Delivery of invoices and notices
11. We will deliver our invoices and any other notices to the most recent postal and/or email address you have given us. In the case of emailed invoices, the invoice may be attached to the email, or viewed by downloading from our website by clicking on a link. We will assume that a posted invoice or notice has been delivered five days after we have posted it, and an email invoice, 2 days after we have emailed the invoice or the notification of the invoice.
Change of Address
12. It is essential that if you move premises or otherwise change your postal or email address, you inform us of this in writing to ensure that there is no interruption in our supply of service to you or our ability to contact you. If your address details change and you fail to inform us, you will remain responsible for all charges that may accrue against your account at the last address we hold on record.
Payment for services
13.1. You agree that sufficient funds will be available on your nominated debit/credit card on the day you sign up and monthly thereafter, in accordance with the plan you have chosen, on the first day of the month or on next business day in the event of a public holiday or other interruption.
You agree we may charge you a late fee at the rate/terms applicable at the time. If there are insufficient funds on your nominated debit/credit card and the payment is dishonoured, we may charge you a dishonour fee in addition to a late fee. We may also recover from you all legal and other costs incurred by us in the collection of any overdue amount.
13.2. We may charge you for a period of up to 6 months (180 days) in arrears depending on where we have incorrectly invoiced you for the services or where charges have come from other Network Operators and Telecommunication Service Providers.
Credit limits and minimum monthly charges
14. We reserve the right to impose a credit limit on your account, and will advise you if you get close to this limit. You agree that if at any time you exceed your credit limit we will be entitled to suspend the provision of our services to you. We reserve the right to charge a minimum monthly fee to cover the cost of maintaining an account for dormant or low spend customers. This charge will be advised at time of joining Mythical Fibre or with a minimum 30 days’ notice for existing customers.
Dispute resolution
15. If you have a genuine dispute in relation to amounts we have charged you, you must pay the undisputed charges and notify us of the disputed charges with details of the dispute and evidence to support its validity. This can be done by emailing us on [email protected]. You must make any claims for credits for disputed charges within 30 days of the most current bill sent to you. Any claim made otherwise than in accordance with this clause shall not be recognised.
Suspension or disconnection:
16. We may suspend or disconnect your service(s) from our network:
if you do not meet any of your responsibilities under this contract;
if a carrier alters its service to us in a way that affects our ability to provide our services to you in a cost effective manner, or at all;
in the event of an emergency or other situation where another carrier or appropriate person considers this necessary or reasonable to protect persons, systems or other property;
If, following disconnection, we agree to reopen a service, a reconnection fee may apply and will be advised to you.
Termination
17. 1. If you do not pay any of the invoices we send you by the due date or fail to make a payment under an agreed payment plan between you and us then we may suspend or terminate services and our contract with you with immediate effect.
17.2. If you fail to meet your responsibilities to us, we may suspend or terminate services and our contract with you with immediate effect.
17.3. We may also end our contract with you for any reason providing you a minimum notice period of one month.
17.4 Ending the contract between us in this way shall not release you from any obligations or responsibilities under the contract.
18. You may ask us to stop a particular service or cancel this agreement with 30 days’ notice at any time by, sending a request via our website under My Mythical Fibre/Support Request/cancellation or emailing us on [email protected]. If you move a service from Mythical Fibre to another provider without notifying us we will continue to charge you for that service for 30 days from the departure of the service.
19. On termination of our contract with you, we will cease providing our service to you and all amounts which you owe to us will immediately become due and payable. We shall not be liable to you for any loss or damage suffered, or claimed to have been suffered, by you on or following termination of the supply of our service to you.
Consumer Guarantees Act
20. If you are a residential customer, rights under the Consumer Guarantees Act 1993 may apply in addition to the rights set out above. If your services are used for business purposes, then you agree that the Consumer Guarantees Act 1993 will not apply to this contract.
Exclusion of Liability
21. If our service fails to operate for any reason and you use a service provided by another carrier, we will not be responsible for that carrier’s service charges.
22. We accept no liability for any loss or damage, including, without limitation, indirect and consequential losses, caused by a carrier suspending or interrupting its service to us which affects our ability to provide services to you or any other cause beyond our reasonable control.
23. We also exclude all other liability we may have to you for acts or omissions by us, our directors, employees, agents, representatives, and contractors. This includes both direct and indirect losses, including loss of profits, loss of revenue and loss of any opportunity. These exclusions of liability also apply under the Contracts (Privity) Act 1982 for the benefit of any other carrier who allows us to use its network to provide our service to you.
24. To the extent permitted by law none of the persons referred to in clause 23 are liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by these terms and conditions.
25. This exclusion of liability applies whether or not our contract with you has ended and regardless of the nature and cause of any damage or loss. If you are a residential customer, these exclusions do not affect any rights you may have under the Consumer Guarantees Act 1993.
Limitation of liability
26. To the extent permitted by law, if, despite the provisions contained in the previous section, we or any other carrier is liable to you for any breach of these terms and conditions, or for breach of any other obligation to you, our liability shall be limited, at our discretion, to one or more of the following:
If the breach relates to the provision of services:
supplying of the relevant services again; or
payment of the cost of having the relevant services supplied again; and; or
If the breach relates to goods:
replacement of the relevant goods or supply of equivalent goods;
repair of the relevant goods;
payment of the cost of replacing the relevant goods or of acquiring equivalent goods; or
payment of the cost of having the relevant goods repaired.
27. If you are a residential customer this limitation does not affect any rights you may have under the
Consumer Guarantees Act 1993.
Your personal information
28. You agree, for the purposes of this contract and the performance of our obligations to you, that we may collect information about you. The information we collect about you may be obtained from you and others.
29. You may decide not to provide any information sought from you. If you do not provide it then we may not be able to provide our services to you.
30. We may use the information we hold about you and may exchange information about you with our contractors, agents and representatives, with other carriers, and with credit reporting and debt collection agencies for the purposes of our business, and to law enforcement agencies as required under law.
31. All information held by us will be held at our offices at 95a Collingwood Street, Hamilton. You may obtain access to, and update or correct any information held by us under the Privacy Act 1993.
Assignment and delegation
32. We may assign or transfer our rights and responsibilities under this contract to someone else. We will give you written notice in advance if we intend to do this.
33. We may also subcontract the performance of any of our responsibilities under this contract to anyone else.
34. You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
Terms separately binding
35. If, for any reason, any provisions of this contract cannot be enforced or relied upon by either of us, all other terms of our contract with you remain binding.
Passwords and security
36. Depending on the services we provide you; you may be given a username, password or PIN. You agree to keep these personal identifiers confidential and to take all reasonable steps to prevent disclosure of them to any person, other than members of your household or business who are considered authorised users. You are responsible for ensuring that all authorised users of the services also meet the responsibilities and obligations set out in clauses 9. And 10. above.
37. You will be liable for all charges resulting from use of the service accessed through your personal identifiers whether authorised by you or not. You agree to indemnify Mythical Fibre for all claims, proceedings, damages, losses or expenses however incurred arising from the acts of any person accessing the service using your username, password or PIN.
38. Disclosure or loss of your username or password that results in the incurring of charges or misuse of the service is your responsibility, and it is also your responsibility to report any such occurrence immediately to Mythical Fibre.
Mythical Fibre ISP Terms and Conditions
39. Your registration of an internet service account with Mythical Fibre and your access, connection and use of Mythical Fibres’ internet service is subject to the following ISP Terms and all applicable laws. By accessing and using the service you represent that you have read, understood and accepted these ISP Terms and agreed to be bound by them. If you do not agree to these ISP Terms, please do not use the service or register an internet account.
40. Unless specifically included in our offer to you, you are responsible for providing the telephone line, modem, computer, hardware, software and all other equipment required to access the service and for all charges in relation to the above.
Fair Use Policy
41. It is important to Mythical Fibre that all eligible Mythical Fibre customers are able to access our services and get the best possible experience. For this reason, and to ensure the provision of a quality service, a Fair Use Policy applies to some of our services where your usage can affect that of other customers. We have developed this Fair Use Policy by reference to average member profiles and estimated member use of our services.
42. We may issue a warning or suspend your services under this Fair Use Policy where in our reasonable opinion your use of our services is excessive and/or unreasonable by materially exceeding estimated usage patterns over any month. Where reasonable, Mythical Fibre will provide you with 30 days’ notice before suspension, restriction or termination.
43. If, after we have requested that you stop or alter your use to come within our Fair Use Policy, your excessive or unreasonable use continues, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use; suspend, modify or restrict your use of our services or withdraw your access to the services. If we terminate your services and you have agreed to a fixed contract term, you may have to pay the applicable early termination fee.
44. Bandwidth allocated to unlimited internet users is reviewed and increased as required, but at any time there is a fixed amount of bandwidth available. The aim of this clause of the Fair Use Policy is to ensure that the experience of the vast majority of unlimited internet users is not compromised by the extreme and unreasonable usage of a few. Mythical Fibre reserves the right to modify (through speed and other variables) the behaviour of individual users that frequently use significantly more data than the majority of the unlimited users and/or use their internet service in a way that negatively affects the experience of other users. If an unlimited internet customer is found to be in the top 1% to 5% of users and their usage is negatively impacting the network, Mythical Fibre may attempt to communicate with the user asking them to modify their usage, may suggest a more suitable solution for all parties involved, or may exercise its rights outlined in clauses 42 and 43 above.
45. You acknowledge that Mythical Fibre does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the internet, and Mythical Fibre shall not be held responsible in any way for any content or information accessed via the service. Furthermore, Mythical Fibre disclaims all or any responsibility or liability for any material on the internet that you may find offensive, upsetting, defamatory, and personally offensive and in any way unsuitable for minors.
46. Some internet sites may have embedded within them the ability to program your modem to dial overseas numbers without your knowledge or direction. You are liable for any charges arising from such calls and Mythical Fibre accepts no liability for such charges.
47. You are not permitted to operate servers from the service, and you are not permitted to on-sell this service without written approval from us. You are not permitted to send spam or bulk mail using the service and we reserve the right to charge you a clean-up fee to rectify the result of such activity by you at a maximum charge of $200 per article.
48. Your Voice service may be automatically disconnected after 3 hours of continuous use or after 15 minutes of usage being idle. If you establish multiple simultaneous connections, you may be charged for each connection or have your account terminated.
Confidentiality
49. We will make 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. Without limitation to the foregoing we can check your use of the system for the purpose of ensuring that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.
Our obligations under the Copyright (Infringing File Sharing) Amendment Act 2011
50. Owners of copyrighted material may enforce their rights against people who use file sharing applications to illegally download copyrighted material. Mythical Fibre is obliged to issue infringement notices, and if necessary, terminate the service of any customer that is accessing material illegally over an internet service provided by Mythical Fibre.
51. Liability for alleged copyright infringement lies with the person who ‘owns’ the internet account. If the account is in your name then the liability, according to the law, is with you, no matter who pays the bill or who used your account, whether with or without your permission.
Other Governing law
52. The ISP Terms is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the Courts of New Zealand in respect of any dispute or proceeding arising out of the ISP Terms