This policy provides information on the access available to casual subscribers to the D-Fi wireless network governed by the NZ company D-Fi Limited ("D-Fi"), and through it to the Internet and the obligations of users when using the networks. The obligations are based on common courtesies; the responsible use of a community resource and the legally enforceable obligations of users to access these networks. Users should note that penalties may apply for any person who commits an offence under legislation or breaches Company rules and regulations. Penalties can range from termination of service to imprisonment, fines and data reduction in your account.
Understanding of Gear usage and installation fees:
D-Fi Owns all the equipment installed unless explicitly explained otherwise in writing. D-Fi charges an installation fee based on an estimate of your expected use. To be fair D-Fi must ensure that over time the equipment is paid for and your Internet usage isn't costing D-Fi any money as a result of a too cheap installation fee. If your usage is below 10 GB per month on average for the first 6 months then we expect a $300 installation fee, if your usage is over 10 GB per month on average for the first 6 months then the installation fee is $185. If it is determained that you have been charged incorrectly the installation fee after 6 months, then we will give you the option of paying the difference or us crediting your account with data (if we owe you). If you are unable to pay then we reduce your total data credit by 50% each month to recover costs. We would prefer that you pay a higher installation fee if you could be borderline 10 GB per month, then if you turn out to be that of a regular user, you get a credit of $115 worth of data to your account (at $2 per GB rounded up to the nearest GB) if you paid $300 as the installation fee.
The statement is based on the following principles:
- The D-fi network, including the Internet (WWW) and e-mail, should be used for personal and legal business only;
- Users are to comply with all legislation and D-Fi rules, regulations and policies relating to access and use of the network;
- The network is a limited resource and users are to use it in an equitable and fair manner taking account of the rights and needs of others;
- Users must act in a courteous and responsible manner in all communications over the network;
- The network should not be used to misrepresent or used in a manner which brings D-Fi into disrepute;
- The quality standards applied in traditional communication and publishing should also be applied to on-line communication and publishing;
- D-Fi has the right, and obligation, to monitor access to, and use of, the network to ensure compliance with legislation, national rules, regulations and policies;
- The security of the network and integrity of users must be assured;
- The integrity, completeness and currency of information and data must be ensured and maintained; and
- All D-Fi users have the responsibility to notify the System Administrator of possible breaches of the conditions documented in this statement.
When D-Fi provides ADSL, VDSL or Fibre services you are entering into a 1 year contract. If you close your account or change providers, you will be charged $16 per month left of the 12 month contract period remaining. This is to cover our installation fee of the service which are not covered by the initial set up fee. A contract-less account can be set up for $180 which has no term.
Wireless Hotspot Usage
Usage of the D-Fi wireless hotspot is entirely at the users own risk. D-Fi does not accept any liability for the security or integrity of the data transmitted over its wireless network.
D-Fi does not guarantee availability of the Wireless hotspot, nor the speed of internet access at any given time.
Data is available to use immediately upon purchase of top-up cards or when payment by credit card has been approved.
D-Fi only provides support for the Wireless hotspot infrastructure, and cannot guarantee compatibility of users equipment or software applications.
It is the users responsibility to check access to the hotspot login page and use our Trial feature before purchasing an access card.
Any attempt to hack or gain unauthorised access will result in legal action being taken against offenders under the Crimes Act 1961.
D-Fi does not hold nor keep any card details and do not accept any liability connected with the use of Credit or Debit cards, it is the card holders responsible to keep card details secure. Note that all card transactions are encrypted.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities arising out of your use of our services.
Limitation Of Liability
The Web site is provided to you on an "as is" and "as available" basis without any warranty being given in relation to the Web site including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Web site will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs.
We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Web site.
We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with these Terms & Conditions of Use for: any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any special or indirect losses whatsoever. We shall not be liable for any indirect or consequential loss (including loss of profits, business or goodwill) arising out of any problem notified to us in relation to the supply of goods or services to you.
Passwords and Logins
Users are issued with passwords and logins and these are used as the identification code and access method on password-protected systems.
Account passwords may also be required from time to time to access some restricted services. Responsibility and accountability for network security is a shared responsibility of all network users. It is the responsibility of the network account holder to protect his or her passwords and logins and not divulge them to other persons.
Integrity of information and data
Users must not destroy, erase, alter or add to any information on the network unless they are the author/owner/custodian of the information with the right and responsibility to ensure the currency and completeness of the information. To do so is an offence under the Crimes Act 1961.
Users must not impede or prevent access to, or impair the usefulness or effectiveness, of data stored on the network. To do so is an offence under the Crimes Act 1961.
The D-Fi network must not be used to harass, abuse or otherwise seek to offend other users. To do so is an offence under the Crimes Act 1961.
The D-Fi network must not be used to access, store or transfer illegal material, such as child pornography. To do so is an offence under the Crimes Act 1961.
The network service is provided for users of D-Fi in undertaking their own personal communications. Use of the Internet is governed by the provisions of the Telecommunications Act 2001.
Users of the network must respect the rights of copyright owners protected under the Copyright Act 1994 . Users must not copy material on the network or make material available through the network in breach of the Act. As a general guide no more than ten per cent of a copyright item should be copied or stored.
Archiving of electronic records
Users must ensure that records relating to communication from D-Fi are retained and retrievable. Users have responsibilities under a range of legislation relating to records, information and data:
- Freedom of Information
- Administrative appeals processes, especially records relating to decisions
Records may also be required to be produced during the discovery process of legal proceedings or in courts of law.
Users are expected to report suspected breaches of New Zealand laws and D-Fi regulations, policies and protocols, and any unacceptable behaviour which occurs on the D-Fi Network or by a person acting in his/her capacity as a member of the D-Fi Network. Reports should be directed to the Systems Administrator or General Manager and will be treated in a confidential and responsible manner. Reports will be referred to the appropriate authority for investigation or referred to the appropriate external agency.
Purchases and refunds
D-Fi will not give refunds for any purchases of data except where required to under the Consumer Garuntees Act. You can't get your money back on unused credit if you change providers or choose to stop using D-Fi Limited.
The name that will appear on your statement will be D-Fi Limited
Upon purchasing data either through our online gateway or top-up card the data will be available to use in our network immediately.
D-Fi has the right to monitor traffic and content and does record traffic on the network and specific network services. It records:
- URL's of sites visited, the date and time they are visited and the duration of site visits. Network addresses accessing URL's (including caches) and the URL address are recorded and may be correlated;
D-Fi respects the rights of users on the network for valid purposes. However, where there is abuse, or suspected abuse, of the network or network services and facilities, D-Fi reserves the right to inspect individual information and logs contained on our machines and servers, and make whatever correlation is required to investigate such abuse or suspected abuse.
By connecting a private machine to the D-Fi network a user has acknowledged that they will be bound by the D-Fi conditions of use of information technology services, including this statement.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
This statement is based on the following legislation, rules, regulations, policies and guidelines. Penalties apply for breaches of the provisions of many of these documents. Legislation relating to sex, race and disability discrimination apply, and other legislation and rules and regulations may also apply:
- Crimes Act 1961
- Telecommunications Act 2001
- Copyright Act 1994
- Privacy Act 1993
- Information Act 1982
- Consumer Guarantees Act 1993