1. Plain Communications Limited (the Supplier)
2. Account Holder (the Subscriber)
The Supplier agrees to provide the Subscriber with access to the
Internet and/or other electronic networking services as subscribed to by
the Subscriber on the terms and conditions set out below.
Announcements Page refers to the Web page where announcements
about current charges and service disruptions are made
Acceptable Use Policy - means Plain Communications’ acceptable use
policy as described from time to time at http://www.plain.co.nz/policy/.
2.1 As a Subscriber you agree to:
(a) Observe Acceptable Use Policy in relation to the
(b) Pay the specified subscription and other charges (as
notified on the Announcements Page) for the services to
which you subscribe.
(c) Pay all charges incurred by the accounts you have
subscribed to, within 7 days of receipt of invoice. Services
will normally be suspended if you have more than 1 invoice
outstanding. A suspended service will attract a $15.00+GST
(d) Inform the Supplier in writing giving 30 days notice, that
your account is no longer required. You agree that until this
is done, you are responsible for anything done with the
services to which you have subscribed, and any charges
incurred through the use of those services are payable by
(e) Be responsible for the security of your account(s). YOU
MUST KEEP YOUR PASSWORD CONFIDENTIAL. You
agree to change your password(s) when requested to do so
by the Supplier. The Subscriber is at all times responsible
for any use of the account(s).
(f) Notify the Supplier immediately if the account password is
disclosed to any third party, or if he becomes aware of, or
suspects, any irregular account activity.
(g) Properly notify the Supplier of any change of address or
(h) Remove your email from the mail server as soon as is
reasonably possible to keep the space used by your files on
the system below one megabyte. More space may be used
if a special arrangement is made with the Supplier in
advance. We reserve the right to remove email data in
excess of one megabyte left on the mail server if such prior
arrangements have not been made.
(i) Use the Web browser settings nominated by the
supplier for all Web and FTP traffic, unless otherwise
expressly agreed with the Supplier.
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2.2 As a Subscriber you agree to:
observe the laws of New Zealand and not use the services for any illegal
or unlawful act including but not limited to the following:
(a) Use of the account to transfer any illegal material, and by
so doing violate any applicable laws of the particular country.
(b) Use of the account to access, or attempt to access,
computers illegally or without permission, or in any way
cause or help to cause the security or integrity of the
Supplier’s, or any other system, to be compromised;
(c) Distribution of copyrighted material without the
permission of the copyright holder.
(d) Violation of import/export restrictions of any country when
(e) Posting of commercial advertisements anywhere on the
Internet, except in places on Internet specifically intended for
(f) Posting of, or otherwise publishing, of any messages that
are defamatory or that contravene the Human Rights Act or
other applicable legislation.
2.3 As a Subscriber you agree to fully indemnify the Supplier
for any and all costs, and/or liabilities that the Supplier may
incur as a result of a breach, or attempted breach, by you or
your agents of clauses 2.1(a)-(f), and 2.2 herein.
|3. Supplier’s Obligations
3.1 The Supplier agrees to use its best efforts to provide
access to subscribers. All care and effort will be made to
see that access is available 24 hours a day PROVIDED
HOWEVER that the system will be taken off-line
occasionally during low peak traffic for system maintenance.
3.2 On occurrence of a system failure, the Supplier will take
all reasonable measures to restore the services offered.
3.3 The Supplier will monitor the system and take all
reasonable precautions to ensure system security.
3.4 To the best of its ability the Supplier shall ensure that all
electronic mail is delivered.
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|4. Exclusion Of Liability
4.1 The Supplier does NOT WARRANT that access will be
without interruption or errors.
4.2 The Supplier (including its suppliers and resellers)
SHALL NOT BE LIABLE to the Subscriber or any third party
for any indirect, special, incidental or consequential
damages of any character, including, but not limited to,
damages for loss of goodwill, work stoppage, computer
failure or malfunction, or any other commercial damages,
even if the Supplier shall have been informed of the
possibility of such damages or for any claim by any other
4.3 The Supplier is NOT required to provide technical
support of third party software or hardware.
4.4 The Supplier is NOT responsible for compatibility issues
between third party software and hardware and Internet
software supplied by the Supplier.
|5. Supplier’s Rights
5.1 The Supplier reserves the right to:
(a) Refuse any subscription without question.
(b) Terminate a user account for violation of the conditions of
the Supply Agreement or for serious or persistent violation
of the "Acceptable Use Policy" as described above.
(c) Charge for reconfiguring a subscriber’s account.
(d) Delete the Subscriber’s email if it is not removed from
the Supplier’s server after six months duration.
|6. Access Charges
6.1 The Supplier reserves the right to change access
charges from time to time.
6.2 Access charges do not include connection software.
Software that is provided by the Supplier to enable access,
remains the property of the software owners. The Subscriber
is responsible for any fees or donations payable to the
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|7. Payment & Collections
7.1 Where ongoing payments are by credit card, the
Subscriber expressly authorises the Supplier to hold credit
card details and lodge payment authorisation requests in
respect of the ongoing monthly charges.
7.2 Should payments be overdue then interest on the
overdue sum shall be payable at the rate of 2% per month
and shall continue to be payable following judgment until the
debt is paid in full. The Supplier may recover all actual costs
from the Subscriber arising from or in relation to the
collection of overdue monies.
7.3 Should any overdue debt be rightfully referred to a
collection agency, then the agency fee will be recoverable in
full from the Subscriber.
8.1 The Subscriber may terminate this agreement at any
time by giving one months’ notice of termination.
8.2 The Supplier may terminate this agreement immediately,
if the Subscriber is in breach of the terms and conditions of
9.1 The Supplier may amend this agreement by giving one
month’s notice of new terms and conditions. The updated
version will be a World Wide Web document present at:
10.1 Written notice shall include email, fax, Web Site Notice
and/or surface mail to the last known address of the other
party. Notices shall be deemed to have been received two
(2) days after posting.
11.1 This agreement shall be governed by New Zealand law.
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