Terms & Conditions
Standard Trading Terms & Conditions NakedPlus (NakedPlus Ltd)
STANDARD TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS AND/OR SERVICES v2012.2
This is a legal agreement between you and NakedPlus Ltd. Please carefully read the terms and conditions below. If you do not agree to the terms of this Agreement, DO NOT accept the Agreement. By accepting the Agreement, you are consenting to, and agreeing to be bound by, the terms of this Agreement.
IMPORTANT:
You expressly acknowledge that NakedPlus services are not designed or intended for dialing, placing or supporting emergency calls. Any use of NakedPlus phone services implies an acceptance that these phone services are not designed to make calls to any emergency service, or any call made with the purpose of obtaining aid, help, emergency response or assistance in the event of an emergency. Neither NakedPlus nor its affiliates, subsidiaries, partners, officers, employees, agents or others are liable to you or any third party in any respect for any damages or costs whether directly or indirectly arising from the use of NakedPlus services.
1. Definitions
a. ‘NakedPlus’ is NakedPlus Limited, trading as ‘NakedPlus’, including its employees, agents, and affiliates.
b. The ‘Agreement’ means Terms and Conditions and any details on an Application for a NakedPlus Account. This includes but is not limited to internet, phone, media, or any combination of NakedPlus services.
c. The ‘Customer’ refers to all other persons, companies, or other entities identified in the Application for a NakedPlus Account
d. The ‘Service’ is any digital media, internet and phone service (The NakedPlus Digital Service), as modified from time to time.
2. Application and Modification of these Terms
These terms and conditions are the terms on which NakedPlus provides services or goods to its customers, and for may be modified by any written contract between NakedPlus and its Customers on a case by case basis. The modified terms constitute the agreement in its entirety and supersede prior agreements, excluding pre-existing agreements with that particular Customer. NakedPlus may modify these terms at any time via notice at http://www.nakedplus.co.nz, and by email to the latest email address provided to NakedPlus by the Customer. Any changes to this agreement will not affect pre-existing term contracts, or contracts that include Service Level Agreements. It is the responsibility of the Customer to keep their contact details with NakedPlus current. Signing a contract with NakedPlus, or any use of Service more than 30 days after joining or 30 days after modification of these terms will indicate:
a. That you have read and understand the terms and conditions;
b. That you agree to comply with and be bound by, and have the capacity to comply with and be bound by, the terms and conditions; and
c. That if you represent or are acting on behalf of an entity, that you have the capacity to bind such entity to the terms and conditions set forth below. If you do not agree with the terms and conditions, you must immediately notify NakedPlus by email and discontinue use of this service.
d. That you are of legal age to enter this agreement.
3. Services
NakedPlus is not obliged to provide services unless we (NakedPlus Ltd) accept your application. We can decide whether or not to accept any application. The Customer understands that the NakedPlus phone service is not a traditional phone service and is provided on a best efforts basis. We will provide best attempts to make the services available to the Customer at all times, however events beyond the control of NakedPlus including but not limited to such things as power outages or the performance of the Customers internet connection may disrupt the service provided by NakedPlus.
The Customer expressly accepts that the services of NakedPlus are not required to support emergency calls as per the second paragraph of these terms. We can suspend or restrict the services we provide you (the Customer) at any time if:
a. you resell any of our services without our permission;
b. you do not adhere to the NakedPlus fair usage policy below;
c. We believe that you have breached any of our terms and conditions.
Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will apply.
You accept that NakedPlus might not be compatible with non-voice communications equipment such as home alarms, fax machines and St John Alarms. If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by NakedPlus.
4. Charges
NakedPlus provides a subscription service that is payable in advance. The Customer must pay for all goods and services by the due date as indicated on any invoice, bill or notice provided to the Customer. This includes any charges incurred by any use of the Customer account or of the Customer Password (Authorized or otherwise). In addition, the Customer may be liable for all charges and expenses incurred by NakedPlus resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses and emails.
We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www.nakedplus.co.nz
If you wish to raise a billing dispute you must notify us via email within 30 days of your account being debited or you will be deemed to have waived your right to a refund. No refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 6 months will be lost.
5. Phone Numbers
Any phone number that is allocated to the Customer account does not constitute any transfer of property rights to that Customer. Phone numbers do not become the property of the Customer. If the phone number needs to be changed, NakedPlus will send an email notification and give as much notice as is possible.
NakedPlus can withdraw or terminate any number at any time without liability, particularly if the Customer does not comply with the instructions for use provided by NakedPlus Limited.
The Customer may be able to port its NakedPlus number to another service provider. If the Customer wishes to do so this is an undertaking between the Customer and that service provider. NakedPlus will comply with our obligations under the Terms for Local and Mobile Number Portability but the Customer will be responsible for all costs associated with porting the number.
If the Customer account is inactive for more than 6 months or disconnected and the associated phone number/s has not been ported, then NakedPlus may at our sole discretion reallocate the numbers associated with the account.
6. 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 NakedPlus in respect of any Services or goods supplied excluding income tax.
If the customer has opted in to the monthly wiring and maintenance fee the following is a list of costs that are not covered by this service:
If a fault has been PROVED to the premise wiring BY THE SERVICE PERSON and the customer has NO Wiring Maintenance contract with NakedPlus OR the customer falls under the 30 day stand down for wiring maintenance the Service Person will offer the customer a quote to fix the jackpoint and/or internal wiring (Time - per 15 minutes plus materials) which will also INCLUDE the diagnostic fee. If the customer declines the Service Person and chooses to look elsewhere for a jackpoint or internal wiring fix (electrician) the customer will STILL be required to pay the diagnostic fee.
If the Customer calls in and KNOWS their jackpoint is faulty and have proved it beyond reasonable doubt and requires a Service Person to attend and:
o They ARE NOT paying wiring maintenance, they will be charged a VISIT FEE plus time & Materials NOT the Diagnostic fee (therefore the charge to the customer is the visit fee plus the cost per 15 minutes for Time plus any Materials used).
o They ARE paying wiring maintenance, the internal jackpoints and wiring is covered, unless the Service Person deems the customer has damaged the jackpoint themselves.
• If the Customer has damaged the Jackpoint themselves this is not covered by wiring maintenance and there may be a charges i.e. Visit fee, and a time charge.
• If the Customer has an ‘external’ jackpoint i.e. a jackpoint that is an out-building e.g. a shed/garage, NakedPlus do NOT cover the ‘external’ Line between the buildings but DOES cover the internal wiring and jackpoint same as above scenarios:
- Jackpoint and wiring in the external premises (shed etc.) IS covered.
- External cabling ‘between’ the main premise and the external premise is NOT covered
• If the Customer has a hardwired jackpoint (where they cannot unplug the telephone because it is wired into the wall) the following will occur:
o If the fault is proved to the hardwired jackpoint or the telephone and the customer has the wiring maintenance contract the technician will replace the faulty jackpoint with the newer version.
o The customer will need to provide their own telephone to use in the new jackpoint.
o When the customer wants their old hardwired jackpoint replaced and upgraded to the more common version when it is not faulty, this will be a chargeable service through Chorus (0800 600 100).
• If the Customer has an RJ45 jackpoint with an adaptor they will not be covered by the wiring maintenance contract. The customer will either need to get out their own electrician, or pay for the jackpoint to be fixed if it is proved to be faulty.
• If the Customer has a PABX and are paying MWIRE – NakedPlus cover the internal wiring from the local Cable Terminal (CT) to the initial Master Jackpoint. We do NOT cover the frame and the internal building cabling up to the local Cable Terminal as this is the responsibility of the building owner.
7. Payment of Accounts
Payment for all service is due upon the date indicated on the invoice. 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 30 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. 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.
Accounts with a balance more than 30 days overdue may be suspended without further warning. A $20 Suspension fee will be automatically applied. Suspended accounts may not be altered or closed until full payment is received.
Suspended accounts may be sent to NakedPlus’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.
All credit card payments will include a 3% surcharge payable by the customer.
If the Customer has entered in to a term contract with NakedPlus, an early disconnection fee of $199 will apply if the contract is terminated early. This fee may be sent to a debt collection agency without notice if it is unpaid beyond the terms indicated in the contract.
In the event that the Customer exceeds their monthly broadband limit any excess usage will be charged to the Customer at $8.50 per every 2Gb above the allocated usage of the plan.
8. Security Deposit
NakedPlus 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, NakedPlus shall return the outstanding balance of the security deposit, without interest.
9. Credit Checks Privacy Consent
The Customer consents to NakedPlus obtaining credit reports and information containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by NakedPlus of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.
10. Privacy
NakedPlus 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.
NakedPlus is required by law to provide certain customer information to the police. We may also be required to provide certain information to other networks in order for your calls to be connected
NakedPlus will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, contact phone number and credit card information.
You are entitled to see any information we hold about you, although you may be required to pay a reasonable charge for making it available.
We utilize the public internet and third party networks to transmit voice and other communications and we are not liable for any lack of privacy with the service
11. Publication at Customers Risk
The Customer accepts responsibility for all information and material issued by the Customer over any Service, and indemnifies NakedPlus 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 NakedPlus does not vet or approve any information or material available through any service and that NakedPlus 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.
12. Provision of Service
NakedPlus endeavors 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 NakedPlus. The Service is provided to the Customer at such times and means as NakedPlus decides.
Any phone numbers issued to the customer by NakedPlus or any of its affiliates is not the property of the customer.
If the customer wishes for any information to be listed in the public services directory, they must request this from NakedPlus or a 3rd party. Service charges may apply.
13. Exclusion of Liability
Except as provided in clause 14 NakedPlus 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 NakedPlus’s supply or failure or delay in supplying Service.
b. The content, context, or confidentiality of any communications made using the Service. NakedPlus does not provide support for third party software, including software downloaded from the Internet.
A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.
14. 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 NakedPlus 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 NakedPlus. However, NakedPlus’ liability for any breach of such implied term or warranty will be limited at NakedPlus’ 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.
You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
If for any reason any portion of the terms and conditions is held to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of the terms and conditions will remain in full force and effect
Nothing in this clause limits any rights you have under the Consumer Guarantees Act.
15.Breaches
The Customer shall indemnify NakedPlus against any loss (including any loss of profit) incurred by NakedPlus as a result of any breach of the terms of any agreement with NakedPlus including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).
16. Copyright Infringement
If at any point a Customer or 3rd party feels that NakedPlus have broken any laws regarding Copyright the discovery must be reported to NakedPlus via any means available, including but not limited to email, phone, and website submission. NakedPlus will do everything in its power to remove any violation of copyright, either by NakedPlus or one a NakedPlus Supplier from NakedPlus websites and services within 24 hours.
17. Indemnity
The Customer shall indemnify NakedPlus against all claims, expenses, damages, or other liabilities arising directly or indirectly from the accessing of data via the NakedPlus Internet service or the filtered Internet service of Net Guardian.
18. Termination
NakedPlus can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
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 NakedPlus may terminate any agreement of the provision of any Service if:-
a. the customer breaches any term of any agreement
b. NakedPlus forms the opinion in good faith that the Customer is or may be insolvent.
All deposits paid to NakedPlus 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.
NakedPlus will charge additional fees for any early termination of a contract by the Customer. The price of an early termination is provided on our website www.nakedplus.co.nz and in the Payment of Accounts section above.
19. Suspension of Service
NakedPlus 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 or product:
a)During any technical failure, modification or maintenance involved in the Service provided that NakedPlus will endeavor 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 NakedPlus’ opinion may have the effect of jeopardizing 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.
20. 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 NakedPlus’ Service in any way which is to be used for competitive purposes in relation to the Service.
You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email send to your contact email address in a timely manner to avoid any potential disruption to your service.
21. Assignment
The Customer cannot assign its rights under any agreement with NakedPlus without the prior written consent of NakedPlus. NakedPlus may transfer our rights and responsibilities under this assignment to another party with 30 days written notice to you.
22. 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 NakedPlus may not break any laws while using the system. The availability of such material on the Internet is beyond NakedPlus’ control.
23. Acceptable Use
Users of NakedPlus are expected to adhere to all policies of NakedPlus, available in writing upon request or at: http://www.nakedplus.co.nz. While hacking, spamming and port scanning are not illegal activities in New Zealand, NakedPlus does not support or condone these activities without the expressed consent of the recipient or administrator of that system. The full NakedPlus Acceptable Use Policy is below.
Unlimited local and worldwide minutes on NakedPlus personal and small business plans are available on the basis of reasonable use. If you use the service in a way that is inconsistent with the normal use for your service or plan we may:
a. monitor and investigate your usage; and
b. suspend and/or withdraw the Service; or
c. charge our standard per minute rate for additional calls
Acceptable Use Policy
Customers of NakedPlus shall avoid unnecessary network traffic and interference with other users.
A. SPAM
Unsolicited advertising by NakedPlus customers is strictly prohibited. For the purpose of this Policy, "unsolicited advertising" includes any transmission that describes goods, products, or services and that is initiated by the vendor, provider, retailer, or manufacturer of the described goods, products, or services, or by a third party retained by, affiliated with, or related to the vendor, provider, retailer, or manufacturer.
This prohibition does not include either
(i) discussions of a product or service’s relative advantages and disadvantages by users of those products or services (unless the user is also the vendor, provider, retailer, or manufacturer, or related to or affiliated with the vendor, provider, retailer, or manufacturer),
(ii) responses to questions, but only if such responses are direct replies to those who inquired via electronic mail, or
(iii) mailings to individuals or entities on a mailing list so long as the list is double opt-in and opt-out functionality.
B. OFFENSIVE AND/OR CRIMINAL ACTIVITY
Customers shall not stalk others, post, transmit, host on a server or display on a website any unlawful, threatening, abusive, fraudulent, hateful, defamatory, malicious, obscene and/or pornographic content.
Any communication, posting or transmission that commits or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national, or international law is strictly prohibited.
As NakedPlus provides an Internet filtering service, no web content shall be hosted on our network that would be blocked in Net Guardian’s obscene, criminal or porn categories.
C. USE WITHOUT PERMISSION
Customers shall not access or attempt to gain access to any other user’s account or to any nonpublic or restricted portions of the NakedPlus networks. Also, customers shall not intercept or attempt to intercept data transmissions of any kind.
MODIFICATION OF THIS POLICY
NakedPlus has broad authority to interpret and apply this Acceptable Use Policy. NakedPlus is entitled to modify or amend these policies at any time and if so will post notice on the NakedPlus news section of the website. Customers shall review regularly notices posted on-line. Any such modification is effective immediately upon notice being provided regardless of whether customers actually read such notice.
If customers violate either the Acceptable Use Policy as set out in this document NakedPlus shall notify the customer of the violation. Upon notification, the customer shall immediately cease the unacceptable activity and shall provide NakedPlus with written verification that the activity which breached these terms has ceased.
If the customer does not terminate the unacceptable activity or that same user is again found in violation of the Acceptable Use Policy, NakedPlus may immediately suspend service without further notice.
NakedPlus is entitled to treat any breach of these Acceptable Use Policies as a breach of the Standard Trading Terms and Conditions, and NakedPlus may exercise all remedies provided therein. Customers will indemnify NakedPlus against any liabilities incurred by them as a result of any breach of these policies.
Disclaimer; Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF THIS SERVICE. THE CONTENTS ARE PROVIDED "AS IS," AND ARE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; FREEDOM FROM VIRUSES, BUGS, ERRORS OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES; AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NAKEDPLUS IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THIS SERVICE OR ACCESS THE CONTENTS, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENTS OR ANY HYPERLINKED SITE, EVEN IF NAKEDPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Revision: January 5, 2011
This is a legal agreement between you and NakedPlus Ltd. Please carefully read the terms and conditions below. If you do not agree to the terms of this Agreement, DO NOT accept the Agreement. By accepting the Agreement, you are consenting to, and agreeing to be bound by, the terms of this Agreement.
IMPORTANT:
You expressly acknowledge that NakedPlus services are not designed or intended for dialing, placing or supporting emergency calls. Any use of NakedPlus phone services implies an acceptance that these phone services are not designed to make calls to any emergency service, or any call made with the purpose of obtaining aid, help, emergency response or assistance in the event of an emergency. Neither NakedPlus nor its affiliates, subsidiaries, partners, officers, employees, agents or others are liable to you or any third party in any respect for any damages or costs whether directly or indirectly arising from the use of NakedPlus services.
1. Definitions
a. ‘NakedPlus’ is NakedPlus Limited, trading as ‘NakedPlus’, including its employees, agents, and affiliates.
b. The ‘Agreement’ means Terms and Conditions and any details on an Application for a NakedPlus Account. This includes but is not limited to internet, phone, media, or any combination of NakedPlus services.
c. The ‘Customer’ refers to all other persons, companies, or other entities identified in the Application for a NakedPlus Account
d. The ‘Service’ is any digital media, internet and phone service (The NakedPlus Digital Service), as modified from time to time.
2. Application and Modification of these Terms
These terms and conditions are the terms on which NakedPlus provides services or goods to its customers, and for may be modified by any written contract between NakedPlus and its Customers on a case by case basis. The modified terms constitute the agreement in its entirety and supersede prior agreements, excluding pre-existing agreements with that particular Customer. NakedPlus may modify these terms at any time via notice at http://www.nakedplus.co.nz, and by email to the latest email address provided to NakedPlus by the Customer. Any changes to this agreement will not affect pre-existing term contracts, or contracts that include Service Level Agreements. It is the responsibility of the Customer to keep their contact details with NakedPlus current. Signing a contract with NakedPlus, or any use of Service more than 30 days after joining or 30 days after modification of these terms will indicate:
a. That you have read and understand the terms and conditions;
b. That you agree to comply with and be bound by, and have the capacity to comply with and be bound by, the terms and conditions; and
c. That if you represent or are acting on behalf of an entity, that you have the capacity to bind such entity to the terms and conditions set forth below. If you do not agree with the terms and conditions, you must immediately notify NakedPlus by email and discontinue use of this service.
d. That you are of legal age to enter this agreement.
3. Services
NakedPlus is not obliged to provide services unless we (NakedPlus Ltd) accept your application. We can decide whether or not to accept any application. The Customer understands that the NakedPlus phone service is not a traditional phone service and is provided on a best efforts basis. We will provide best attempts to make the services available to the Customer at all times, however events beyond the control of NakedPlus including but not limited to such things as power outages or the performance of the Customers internet connection may disrupt the service provided by NakedPlus.
The Customer expressly accepts that the services of NakedPlus are not required to support emergency calls as per the second paragraph of these terms. We can suspend or restrict the services we provide you (the Customer) at any time if:
a. you resell any of our services without our permission;
b. you do not adhere to the NakedPlus fair usage policy below;
c. We believe that you have breached any of our terms and conditions.
Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will apply.
You accept that NakedPlus might not be compatible with non-voice communications equipment such as home alarms, fax machines and St John Alarms. If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by NakedPlus.
4. Charges
NakedPlus provides a subscription service that is payable in advance. The Customer must pay for all goods and services by the due date as indicated on any invoice, bill or notice provided to the Customer. This includes any charges incurred by any use of the Customer account or of the Customer Password (Authorized or otherwise). In addition, the Customer may be liable for all charges and expenses incurred by NakedPlus resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses and emails.
We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www.nakedplus.co.nz
If you wish to raise a billing dispute you must notify us via email within 30 days of your account being debited or you will be deemed to have waived your right to a refund. No refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 6 months will be lost.
5. Phone Numbers
Any phone number that is allocated to the Customer account does not constitute any transfer of property rights to that Customer. Phone numbers do not become the property of the Customer. If the phone number needs to be changed, NakedPlus will send an email notification and give as much notice as is possible.
NakedPlus can withdraw or terminate any number at any time without liability, particularly if the Customer does not comply with the instructions for use provided by NakedPlus Limited.
The Customer may be able to port its NakedPlus number to another service provider. If the Customer wishes to do so this is an undertaking between the Customer and that service provider. NakedPlus will comply with our obligations under the Terms for Local and Mobile Number Portability but the Customer will be responsible for all costs associated with porting the number.
If the Customer account is inactive for more than 6 months or disconnected and the associated phone number/s has not been ported, then NakedPlus may at our sole discretion reallocate the numbers associated with the account.
6. 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 NakedPlus in respect of any Services or goods supplied excluding income tax.
If the customer has opted in to the monthly wiring and maintenance fee the following is a list of costs that are not covered by this service:
If a fault has been PROVED to the premise wiring BY THE SERVICE PERSON and the customer has NO Wiring Maintenance contract with NakedPlus OR the customer falls under the 30 day stand down for wiring maintenance the Service Person will offer the customer a quote to fix the jackpoint and/or internal wiring (Time - per 15 minutes plus materials) which will also INCLUDE the diagnostic fee. If the customer declines the Service Person and chooses to look elsewhere for a jackpoint or internal wiring fix (electrician) the customer will STILL be required to pay the diagnostic fee.
If the Customer calls in and KNOWS their jackpoint is faulty and have proved it beyond reasonable doubt and requires a Service Person to attend and:
o They ARE NOT paying wiring maintenance, they will be charged a VISIT FEE plus time & Materials NOT the Diagnostic fee (therefore the charge to the customer is the visit fee plus the cost per 15 minutes for Time plus any Materials used).
o They ARE paying wiring maintenance, the internal jackpoints and wiring is covered, unless the Service Person deems the customer has damaged the jackpoint themselves.
• If the Customer has damaged the Jackpoint themselves this is not covered by wiring maintenance and there may be a charges i.e. Visit fee, and a time charge.
• If the Customer has an ‘external’ jackpoint i.e. a jackpoint that is an out-building e.g. a shed/garage, NakedPlus do NOT cover the ‘external’ Line between the buildings but DOES cover the internal wiring and jackpoint same as above scenarios:
- Jackpoint and wiring in the external premises (shed etc.) IS covered.
- External cabling ‘between’ the main premise and the external premise is NOT covered
• If the Customer has a hardwired jackpoint (where they cannot unplug the telephone because it is wired into the wall) the following will occur:
o If the fault is proved to the hardwired jackpoint or the telephone and the customer has the wiring maintenance contract the technician will replace the faulty jackpoint with the newer version.
o The customer will need to provide their own telephone to use in the new jackpoint.
o When the customer wants their old hardwired jackpoint replaced and upgraded to the more common version when it is not faulty, this will be a chargeable service through Chorus (0800 600 100).
• If the Customer has an RJ45 jackpoint with an adaptor they will not be covered by the wiring maintenance contract. The customer will either need to get out their own electrician, or pay for the jackpoint to be fixed if it is proved to be faulty.
• If the Customer has a PABX and are paying MWIRE – NakedPlus cover the internal wiring from the local Cable Terminal (CT) to the initial Master Jackpoint. We do NOT cover the frame and the internal building cabling up to the local Cable Terminal as this is the responsibility of the building owner.
7. Payment of Accounts
Payment for all service is due upon the date indicated on the invoice. 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 30 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. 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.
Accounts with a balance more than 30 days overdue may be suspended without further warning. A $20 Suspension fee will be automatically applied. Suspended accounts may not be altered or closed until full payment is received.
Suspended accounts may be sent to NakedPlus’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.
All credit card payments will include a 3% surcharge payable by the customer.
If the Customer has entered in to a term contract with NakedPlus, an early disconnection fee of $199 will apply if the contract is terminated early. This fee may be sent to a debt collection agency without notice if it is unpaid beyond the terms indicated in the contract.
In the event that the Customer exceeds their monthly broadband limit any excess usage will be charged to the Customer at $8.50 per every 2Gb above the allocated usage of the plan.
8. Security Deposit
NakedPlus 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, NakedPlus shall return the outstanding balance of the security deposit, without interest.
9. Credit Checks Privacy Consent
The Customer consents to NakedPlus obtaining credit reports and information containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by NakedPlus of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.
10. Privacy
NakedPlus 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.
NakedPlus is required by law to provide certain customer information to the police. We may also be required to provide certain information to other networks in order for your calls to be connected
NakedPlus will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, contact phone number and credit card information.
You are entitled to see any information we hold about you, although you may be required to pay a reasonable charge for making it available.
We utilize the public internet and third party networks to transmit voice and other communications and we are not liable for any lack of privacy with the service
11. Publication at Customers Risk
The Customer accepts responsibility for all information and material issued by the Customer over any Service, and indemnifies NakedPlus 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 NakedPlus does not vet or approve any information or material available through any service and that NakedPlus 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.
12. Provision of Service
NakedPlus endeavors 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 NakedPlus. The Service is provided to the Customer at such times and means as NakedPlus decides.
Any phone numbers issued to the customer by NakedPlus or any of its affiliates is not the property of the customer.
If the customer wishes for any information to be listed in the public services directory, they must request this from NakedPlus or a 3rd party. Service charges may apply.
13. Exclusion of Liability
Except as provided in clause 14 NakedPlus 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 NakedPlus’s supply or failure or delay in supplying Service.
b. The content, context, or confidentiality of any communications made using the Service. NakedPlus does not provide support for third party software, including software downloaded from the Internet.
A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.
14. 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 NakedPlus 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 NakedPlus. However, NakedPlus’ liability for any breach of such implied term or warranty will be limited at NakedPlus’ 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.
You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
If for any reason any portion of the terms and conditions is held to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of the terms and conditions will remain in full force and effect
Nothing in this clause limits any rights you have under the Consumer Guarantees Act.
15.Breaches
The Customer shall indemnify NakedPlus against any loss (including any loss of profit) incurred by NakedPlus as a result of any breach of the terms of any agreement with NakedPlus including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).
16. Copyright Infringement
If at any point a Customer or 3rd party feels that NakedPlus have broken any laws regarding Copyright the discovery must be reported to NakedPlus via any means available, including but not limited to email, phone, and website submission. NakedPlus will do everything in its power to remove any violation of copyright, either by NakedPlus or one a NakedPlus Supplier from NakedPlus websites and services within 24 hours.
17. Indemnity
The Customer shall indemnify NakedPlus against all claims, expenses, damages, or other liabilities arising directly or indirectly from the accessing of data via the NakedPlus Internet service or the filtered Internet service of Net Guardian.
18. Termination
NakedPlus can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
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 NakedPlus may terminate any agreement of the provision of any Service if:-
a. the customer breaches any term of any agreement
b. NakedPlus forms the opinion in good faith that the Customer is or may be insolvent.
All deposits paid to NakedPlus 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.
NakedPlus will charge additional fees for any early termination of a contract by the Customer. The price of an early termination is provided on our website www.nakedplus.co.nz and in the Payment of Accounts section above.
19. Suspension of Service
NakedPlus 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 or product:
a)During any technical failure, modification or maintenance involved in the Service provided that NakedPlus will endeavor 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 NakedPlus’ opinion may have the effect of jeopardizing 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.
20. 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 NakedPlus’ Service in any way which is to be used for competitive purposes in relation to the Service.
You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email send to your contact email address in a timely manner to avoid any potential disruption to your service.
21. Assignment
The Customer cannot assign its rights under any agreement with NakedPlus without the prior written consent of NakedPlus. NakedPlus may transfer our rights and responsibilities under this assignment to another party with 30 days written notice to you.
22. 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 NakedPlus may not break any laws while using the system. The availability of such material on the Internet is beyond NakedPlus’ control.
23. Acceptable Use
Users of NakedPlus are expected to adhere to all policies of NakedPlus, available in writing upon request or at: http://www.nakedplus.co.nz. While hacking, spamming and port scanning are not illegal activities in New Zealand, NakedPlus does not support or condone these activities without the expressed consent of the recipient or administrator of that system. The full NakedPlus Acceptable Use Policy is below.
Unlimited local and worldwide minutes on NakedPlus personal and small business plans are available on the basis of reasonable use. If you use the service in a way that is inconsistent with the normal use for your service or plan we may:
a. monitor and investigate your usage; and
b. suspend and/or withdraw the Service; or
c. charge our standard per minute rate for additional calls
Acceptable Use Policy
Customers of NakedPlus shall avoid unnecessary network traffic and interference with other users.
A. SPAM
Unsolicited advertising by NakedPlus customers is strictly prohibited. For the purpose of this Policy, "unsolicited advertising" includes any transmission that describes goods, products, or services and that is initiated by the vendor, provider, retailer, or manufacturer of the described goods, products, or services, or by a third party retained by, affiliated with, or related to the vendor, provider, retailer, or manufacturer.
This prohibition does not include either
(i) discussions of a product or service’s relative advantages and disadvantages by users of those products or services (unless the user is also the vendor, provider, retailer, or manufacturer, or related to or affiliated with the vendor, provider, retailer, or manufacturer),
(ii) responses to questions, but only if such responses are direct replies to those who inquired via electronic mail, or
(iii) mailings to individuals or entities on a mailing list so long as the list is double opt-in and opt-out functionality.
B. OFFENSIVE AND/OR CRIMINAL ACTIVITY
Customers shall not stalk others, post, transmit, host on a server or display on a website any unlawful, threatening, abusive, fraudulent, hateful, defamatory, malicious, obscene and/or pornographic content.
Any communication, posting or transmission that commits or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, national, or international law is strictly prohibited.
As NakedPlus provides an Internet filtering service, no web content shall be hosted on our network that would be blocked in Net Guardian’s obscene, criminal or porn categories.
C. USE WITHOUT PERMISSION
Customers shall not access or attempt to gain access to any other user’s account or to any nonpublic or restricted portions of the NakedPlus networks. Also, customers shall not intercept or attempt to intercept data transmissions of any kind.
MODIFICATION OF THIS POLICY
NakedPlus has broad authority to interpret and apply this Acceptable Use Policy. NakedPlus is entitled to modify or amend these policies at any time and if so will post notice on the NakedPlus news section of the website. Customers shall review regularly notices posted on-line. Any such modification is effective immediately upon notice being provided regardless of whether customers actually read such notice.
If customers violate either the Acceptable Use Policy as set out in this document NakedPlus shall notify the customer of the violation. Upon notification, the customer shall immediately cease the unacceptable activity and shall provide NakedPlus with written verification that the activity which breached these terms has ceased.
If the customer does not terminate the unacceptable activity or that same user is again found in violation of the Acceptable Use Policy, NakedPlus may immediately suspend service without further notice.
NakedPlus is entitled to treat any breach of these Acceptable Use Policies as a breach of the Standard Trading Terms and Conditions, and NakedPlus may exercise all remedies provided therein. Customers will indemnify NakedPlus against any liabilities incurred by them as a result of any breach of these policies.
Disclaimer; Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF THIS SERVICE. THE CONTENTS ARE PROVIDED "AS IS," AND ARE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; FREEDOM FROM VIRUSES, BUGS, ERRORS OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES; AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. NAKEDPLUS IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THIS SERVICE OR ACCESS THE CONTENTS, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE, THE CONTENTS OR ANY HYPERLINKED SITE, EVEN IF NAKEDPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Revision: January 5, 2011
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DIGITAL
Simply put, NZ's future is digital. As a prime example, we are all being forced to switch to digital TV (Freeview & Sky). This must be a good thing right? It means better pictures, more channels and advanced features. Surely that's better! A step in the right direction.
INTERNET
This is all possible through the Internet. nakedplus have taken this on board. Internet is the common factor in all the products we provide. Through this, we have the ability to integrate and develop features that are extremely useful in everyday life.
FUTURE
NZ is no longer limited by its analogue ways. Jump on the nakedplus wagon and join us for a brighter, technology-driven future. The Digital World.
Nakedplus exists to bring you a new user experience.
The world is shrinking, and the internet has revolutionised the way we communicate to each other.
With nakedplus, we don’t have boundaries or borders. We aim to remove the barriers between you and the world.
nakedplus is all about the experience.
So tell us about yours...
Having some difficulty or maybe just want to speak to one of our friendly team?
You can call us on: 0508 GETNAKED
(0508 438 625)
or leave us a message for one of our team members to get in touch.
IN A HURRY?
