Things you should know:
"REAP-ISP" means Central Plateau Rural Education Activities Programmes.
"client" means the person or company signing the application form.
REAP-ISP will provide the client with the ability to access the Internet. Access will be available 24 hours a day, 7 days a week subject to regular scheduled maintenance or upstream provider problems. REAP-ISP will use its best endeavours to ensure continuous delivery of the service but does not warrant that the access will be uninterrupted or free from errors
The client is responsible for any other costs incurred in accessing the Internet and in selecting the most cost effective mode of doing so. REAP-ISP will provide the client with an email address (username) and will maintain that email address for the duration of this contract.
Speeds will vary depending on network traffic and network back- haul requirements at particular times of the day. All connections have CIR 256kbps or higher and MIR of 1000kbps to 10,000kbps depending on data plan subscribed to.
The client agrees to pay the amount calculated at the appropriate rate for all logins to REAP-ISP made in their username. In other words if you tell someone your password or they guess it, you are responsible for the time they spend online. We will change your password for you at any time if you think someone else knows it.
All accounts are payable by the 20th day of the month following the date of the invoice. If the account is not paid within 30 days after the due date, our debt recovery agency may charge you a fee equal of 25% of the unpaid portion of the price, but not less than $25.00. Where the total agency, legal and other costs arising from recovery of any amount owing exceeds the debt recovery fee charged, our agent is also entitled to recover such additional costs from you. This clause is intended to be for the benefit of and be enforceable by our debt recovery agency under the contracts (Privity) Act 1982.
The terms of this agreement with the client are not transferable or assignable. The client will pay for all connections made to REAP-ISP using their username and password. To this end the client will keep their password secret and choose and maintain secure passwords. The client also agrees not to use the service to transmit viruses, worms, trojan's or other destructive programs, to breach copyright, to publish defamatory or pornographic material, to breach netiquette, to commit any other criminal offence or to attempt to do any of these things whether in New Zealand or elsewhere. The client will refrain from inappropriate postings to email list-servers or newsgroups especially unsolicited advertising, which can result in thousands of "hate" emails, sent to them or REAP-ISP. The client will be disconnected and charged a fee if any such actions result in excess mail being sent to or through REAP-ISP.
REAP-ISP is not responsible for and does not warrant the delivery of or content of any material available through provision of its service. The client uses the service and the material at their own risk including the risk of attack by virus or hackers or exposure to material including unsolicited email, pornography, offensive or inflammatory material or any other unwanted material. REAP-ISP is not liable for any damage arising either directly or indirectly or consequential upon the provision of the service or the failure of the service to operate at any time. We strongly advise all computer owners to backup regularly whether or not they use the Internet.
The client accepts that in the ordinary course of business, records will be kept of their activities upon the Internet and that they consent to it. REAP-ISP may use these records for security or billing purposes but will not disclose them without lawful compulsion (i.e. a subpoena) without the consent of the client.
Duration & Termination:
This agreement shall continue from month to month until terminated by either party unless bound by a term contract. New subscriptions are for a minimum period of twelve (12) months. Early disconnection fees will apply within this period.
Either party may terminate this agreement by the giving of one months notice in writing or by email. It is the client’s responsibility to inform REAP-ISP if they no longer wish to use the service. Until REAP-ISP has received in writing or be email termination notification from the client, REAP-ISP will continue to charge the client’s account and the client will be responsible for payment. REAP-ISP may terminate or suspend the agreement at any time for breach of any of the conditions contained herein and retains the right to sue for monies outstanding including any court or debt collection fee’s. REAP-ISP may also terminate any user that does not use the system for over 6 months.
Wireless Broadband Installation:
Simple REAP-ISP installation is just $249 installed by one of our technicians. LOS (Line of sight) check is required prior to most new installations and may include a technician’s visit to perform a signal strength test.
A site fee of $57.50 is charge- able only in the following circumstances: (a) Cancellation of the installation by a customer after the positive outcome of the onsite signal test; (b) Postponement of the installation by a customer for more than 3 weeks from the date of a positive signal test result.
* Prices subject to change.
* Fee is based on a simple installation, this is where you have line of sight to one of our radio masts from your house or building that needs internet.
* All domain name and email requests need to be confirmed and may already be allocated to another user. REAP.NET.NZ email addresses are complimentary while you are a REAP-ISP client.
The Real Legal Stuff - Terms & Conditions
REAP-ISP may change portions of this Agreement from time to time by posting notice of such changes at least thirty (30) days in advance of the effective date of any changes online on REAP-ISP’s website. In addition, REAP-ISP may, at its option, advise you of such changes by sending you an electronic mail message at your user address. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE SERVICES AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. If you do not agree with any of the amendments to this Agreement, you agree to stop using the Services and to provide notice to REAP-ISP of your termination of this Agreement in accordance with paragraph 14. You further acknowledge that this Agreement is subject to any terms and conditions that may be required by law.
a) “Agreement” means the Invoice, together with the terms and conditions of this Customer Agreement as they may be amended from time to time, and posted on REAP-ISP’s website.
b) “Billing Date” means, for the first month, the Effective Date, and for each subsequent month, 20 days later, an electronic invoice will be sent to the email address on file 10 days before due date.;
c) “Billing Information” means your Customer information together with the details of your Payment Method, as designated on the Service Order;
d) “REAP-ISP” means your Wireless Internet Service Provider as specified at the bottom of the agreement;
e) “Effective Date” means the date the Equipment is installed at the Premises as designated on the Invoice;
f) “Equipment” means the Point to Multipoint Subscriber Module AES together with all component parts installed by REAP-ISP at the Premises, which is usually sufficient to access and use the Services, and includes any additional equipment required to be installed at the Premises to access the Services, as designated on the Invoice;
g) “Installation Fee” means all fees for installation of the Equipment, including the Installation Fee - Basic Equipment and the installation fee - Additional Equipment, as designated on the Service Order;
h) “Service Order” means the document marked “Service Order” outlining your Customer Information, Service Information and Payment Method;
i) “Monthly Payment” means the fee for Services designated on the Service Order;
j) “PC” means your personal computer and all hardware and software components other than the Equipment used at the Premises to access the Services;
k) “Premises” means the place where the Equipment is located;
l) “Services” means the REAP-ISP wireless internet access package providing high speed internet connection at the Premises;
m) “Term” means the number of months from the Effective Date designated on the Invoice (the “Initial Term”) until termination in accordance with this Agreement, and includes any Renewal Term.
2. Term: REAP-ISP will make reasonable efforts to provide you with the Services on the Effective Date, and continuously throughout the Term. However, there is no guarantee that the Services will commence on the Effective Date or continue without interruption thereafter. At the end of the Initial Term, this Agreement shall be renewed and continue in force for an unlimited number of one year terms (the “Renewal Terms”), unless and until this Agreement is terminated in accordance with paragraph 14.
3. Payment: You agree to pay REAP-ISP the Installation Fee and the Monthly Payment as indicated on the Service Order. The Installation Fee is due on the Effective Date AND IS NON-REFUNDABLE. The first month’s Monthly Payment is due on the Effective Date. Each subsequent Monthly Payment will be due and payable on the Billing Date unless paid in advance on the Effective Date. Interest is chargeable on overdue accounts at 2% per month (24% per annum), calculated and compounded monthly, in advance, on any amount due and remaining unpaid on any Billing Date.
4. Equipment: The Customer understands and agrees that the Services require certain Equipment. ALL EQUIPMENT ON THE WAN SIDE OF THE ROUTER IS AT ALL TIMES THE PROPERTY OF REAP-ISP. REAP-ISP may at its option, provide you with new or reconditioned Equipment. You may not sell, transfer, lease, encumber or assign all or any part of the Equipment to any other person. You shall not move the Equipment or repair, adjust, or otherwise tamper with the Equipment without the express written consent of REAP-ISP. If Equipment is defective or stops working for any reason, you will contact REAP-ISP, and REAP-ISP will make commercially reasonable efforts to maintain, repair, or replace the Equipment, in its sole discretion, and at your sole expense. However, should REAP-ISP determine that the Equipment is defective and cannot be repaired, then a credit will be issued to cancel the repair charge. You shall pay REAP-ISP the full manufacturer’s suggested retail price for the replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned Equipment or any part thereof, together with any incidental costs incurred by REAP-ISP relating to the replacement of Equipment or any part thereof. You hereby authorise REAP-ISP to charge your credit card for any such charges. If you decide to move to premises which are not located in REAP-ISP’s territory, then you must provide written notice to REAP-ISP, and termination shall be effective on the last day of the month following the month in which your termination request is received by REAP-ISP.
5. NO WARRANTY: ALL EQUIPMENT AND SERVICES ARE PROVIDED BY REAP-ISP “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR FOR THE CIRCUMSTANCES TO WHICH THEY ARE SUBJECTED OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. REAP-ISP DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE EQUIPMENT OR SERVICES. NO ADVICE OR INFORMATION GIVEN BY REAP-ISP, ITS AFFILIATES, LICENSER, CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. REAP-ISP DOES NOT WARRANT THAT ANY DATA OR FILES SENT BY OR TO YOU WILL BE TRANSMUTED IN UNCORRUPTED FORM OR WITHIN A REASONABLE PERIOD OF TIME, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY CONTENT OR OTHER MATERIAL ACCESSIBLE ON THE SERVICES IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
6. Access to the Premises: You agree to provide the employees, agents, contractors, and representatives of REAP-ISP access at all reasonable times to the Premises to install, maintain, inspect, repair and remove the Equipment. If you are not the owner of the Premises, upon request, you will supply REAP-ISP with the owner’s name and address, evidence that you are authorised to grant access to the Premises on the owner’s behalf, and (if needed) written consent to access the Premises from the owner.
7. Your PC: It is your responsibility to ensure that your PC meets the requirements set out by REAP-ISP that are necessary to use the Equipment and the Services, as posted on REAP-ISP’s website. REAP-ISP makes no warranty as to the adequacy or capacity of any hardware or third party software to attain performance objectives or to enable you to access the Internet using the Equipment and the Services..
8. Add-Ons: E-mail address, webmail access and 100 MB of electronic storage space are available to you through REAP-ISP for the Initial Term. You may enroll for these services free of charge by emailing support.
9. Service Availability/Interruption: The Service will normally be available to you when used within the operating range of REAP-ISP’s system. Services are subject to transmission limitation or interruption caused by atmospheric, topographical, and other conditions. Services may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to system capacity limitations and system repairs or modifications. Interruption may also result from non-payment by you as provided herein. You will be notified when your account is about to expire.
10. REAP-ISP Provides No System Back-up. You acknowledge that REAP-ISP is not required to perform system backups on any of your data, emails, or web space. Except as otherwise set forth herein REAP-ISP will not provide historical data to any party for any reason, regarding any system or Internet activity.
11. Confidentiality and Privacy:
a) No Confidentiality: Information transmitted through the Internet in general, is not confidential. REAP-ISP cannot and shall not guarantee your privacy or protection as a result of your use of the Internet using the Services. REAP-ISP reserves the right to monitor your transmissions when deemed necessary to provide proper service, to protect the rights and property of REAP-ISP, or to comply with laws.
b) Account Monitoring: REAP-ISP has no obligation to, but may monitor the Services electronically from time to time in order to disclose any information that may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect REAP-ISP or you.
c) Eavesdropping. Numerous customers use REAP-ISP Services, facilities and the airwaves. Any information, including sensitive or confidential information sent by you is sent at your sole risk, and REAP-ISP shall have no liability whatsoever for any claims, losses, actions, damages, suits or proceedings arising out of or otherwise relating to such actions by you.
d) Privacy and confidentiality: REAP-ISP may collect, use and disclose your personal information as is necessary to satisfy any legal, regulatory or other governmental request; to operate the Service properly; or to protect REAP-ISP or its customers.
12. Representations and Warranties:
a) Billing Information: You represent that the Billing Information is your correct information and is true and accurate. You agree that you will provide timely advance notice to REAP-ISP of any change in your Billing Information.
b) End User Licenses: You agree to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed in connection with the Equipment or the Services. All such end user licenses will terminate upon termination of this Agreement. In the event of an inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.
c) Multiple Users: You assume all liability for use of the Equipment and Services by anyone at the Premises, and you are responsible for ensuring that all such other users understand and comply with the terms and conditions of this Agreement.
d) Electronic Storage: REAP-ISP may, in its sole discretion, delete or set up systems to delete data to ensure that maximum capacities are not exceeded.
e) Acceptable Use: You agree to comply with the policies of permitted and prohibited use of the Services as posted online and updated from time to time on REAP-ISP’s website (the “Acceptable Use Policy”). Violation of the Acceptable Use Policy by you or anyone else using the Services or the Equipment may result in termination of this Agreement.
a) General: UNDER NO CIRCUMSTANCES SHALL REAP-ISP, ITS AFFILIATES, LICENSERS, CONTRACTORS OR AGENTS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR DAMAGE, LOSS OR DESTRUCTION OF ANY SOFTWARE, FILES OR DATA, THAT RESULT IN ANY WAY FROM THIS AGREEMENT, INCLUDING YOUR USE OF THE EQUIPMENT OR THE SERVICES OR ACCESS TO THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF SERVICES OR EQUIPMENT OR INFORMATION OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, MALFUNCTIONS, COMPLETE BREAKDOWNS, DELETION OF FILES, ERRORS, DEFECTS, THEFT, DESTRUCTION, DELAYS IN PREPARATION OR TRANSMISSION, COMPUTER VIRUS OR ANY OTHER HARMFUL FEATURE OR FAILURE OF PERFORMANCE.
b) Limitation: IN THE EVENT OF ANY BREACH BY REAP-ISP, ITS AFFILIATES, LICENSERS, CONTRACTORS OR AGENTS OR THEIR RESPECTIVE EMPLOYEES, INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OF THIS AGREEMENT OR ANY NEGLIGENCE (INCLUDING GROSS NEGLIGENCE) BY REAP-ISP, YOUR EXCLUSIVE REMEDY SHALL BE TO RECEIVE FROM REAP-ISP PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AMOUNT EQUAL TO THE MONTHLY FEES PAID BY YOU TO REAP-ISP IN THE THREE MONTHS IMMEDIATELY PRECEDING THE BREACH.
c) No Liability for content: Some content on the internet may be offensive, unsuitable for minors, or non-compliant with local laws, regulations and other rules. You acknowledge that all content accessed at the Premises or through the Services by any user is accessed and used at that user’s sole risk. You agree to supervise all usage of the Services by minors. REAP-ISP assumes no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such content. You agree to hold REAP-ISP harmless from all liabilities and expenses related to any breach of this Agreement by any user of your PC, the Equipment or the Services. The limitations of subsections 13(a), (b) and (c) apply even if REAP-ISP has been advised of or foresees the possibility of any damages occurring.
d) Your Liability and Indemnity: REAP-ISP SHALL NOT BE LIABLE FOR, AND YOU DO HEREBY INDEMNIFY AND SAVE REAP-ISP HARMLESS FROM AND AGAINST ALL SUITS, CLAIMS OR JUDGEMENTS HOWSOEVER ARISING (INCLUDING REAP-ISP’S LEGAL FEES ON A SOLICITOR AND HIS OWN CLIENT BASIS) OUT OF ANY OF THE FOLLOWING;
i) CLAIMS FOR LIBEL, SLANDER, INFRINGEMENT OF TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY OR BASED ON ANY OTHER LEGAL THEORY HOWSOEVER ARISING FROM THE MATERIAL, DATA OR OTHER CONTENT FROM TRANSMISSIONS TO OR FROM YOU OR YOUR PC USING THE SERVICES, WHETHER AUTHORIZED BY YOU OR NOT; OR
ii) ANY LOSSES, DAMAGES, EXPENSES OR COSTS ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM, OR OTHER PROCEEDING BASED UPON A CONTENTION THAT THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY INFRINGES ANY INTELLECTUAL PROPERTY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; OR
iii) ANY LOSSES, DAMAGES, EXPENSES OR OTHER CLAIMS BY ANY OTHER PERSONS RELATING TO THE SERVICES PROVIDED TO YOU; AND iv) ANY AND ALL THIRD PARTY ACTIONS, SUITS, DEMANDS, CLAIMS, PROCEEDINGS, JUDGMENTS, COSTS AND EXPENSES ARISING FROM OR INCIDENTAL TO THE FOREGOING.
14. Termination: Upon termination of this Agreement for any reason, you agree that you will grant REAP-ISP access to the Premises to remove the Equipment or, at the request of REAP-ISP, you will deliver the Equipment to REAP-ISP (at its address for notice provided herein), and in either event, you will promptly return to REAP-ISP (at its address for notice provided herein) all copies of any software provided to you by REAP-ISP.
a) Termination by REAP-ISP:
i) Termination without Notice for Non-Payment: If REAP-ISP is unable to obtain payment from you by the Billing Date at any time during the Term, REAP-ISP may immediately terminate the Agreement or your access to the Agreement and any such license, the terms of Services, or both, without notice to you. Upon such termination, in addition to payment of all other amounts due, you may be required to pay a reactivation fee if you request to continue the Service, and if REAP-ISP agrees.
ii) Termination without Notice other than for Non-Payment: REAP-ISP may immediately terminate this Agreement and suspend Services at any time without notice to you if you resell the Services, if you make a false or misleading representation to REAP-ISP, if you fail to allow access to the Premises in accordance with section 6 hereof, or if you are in breach of any term or condition of this Agreement, other than as contemplated in paragraph 14.a)i) hereof. Upon such termination, you will immediately pay REAP-ISP a lump sum equal to the Monthly Fee multiplied by the number of months remaining in the Initial Term or the Renewal Term, as the case may be, plus an administration fee assessed in the discretion of REAP-ISP.
iii) Termination with Notice: REAP-ISP may terminate this Agreement for any other reason, at any time, upon reasonable notice to you. Upon such termination, you will pay REAP-ISP all fees incurred up to the termination date.
b) Termination by you: You may give written notice of your intention to terminate this Agreement at any time, for any reason. Upon such termination, you will immediately pay REAP-ISP a lump sum equal to the Monthly Fee multiplied by the number of months remaining in the Initial Term or the Renewal Term, as the case may be, and such termination is effective on the last day of the month following the month in which your termination request is received by REAP-ISP.
15. Disputes: Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement; (b) the Services or the Equipment; (c) oral or written statements, advertisements or promotions relating to this Agreement, the Services or the Equipment; or (d) the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement) (the "Dispute"), will be referred to and determined by a sole arbitrator (to the exclusion of the courts). Notice of a Dispute and a request to arbitrate shall be given and will initiate the arbitration process. Arbitration will occur at such location designated by REAP-ISP within New Zealand and within 100 km of the Installation Address, as designated on the Invoice. Arbitration of any Dispute will be in accordance with the laws then in effect in New Zealand.
16. Notice: Any notice required to be given to REAP-ISP shall be in writing and delivered to: REAP-ISP, P.O. Box 1000, Taupo. Any notice required to be given to you pursuant to this Agreement shall be in writing and delivered to the Installation Address, as designated on the Invoice.
18. Survival of Terms: The obligations described in sections 3, 4, 5, 6, 10, 11, 12, 13, 15, 16 and 17 hereof and this section survive the expiration or earlier termination of this Agreement for any reason.
Buyer’s Right to Cancel: You may cancel this contract from the day you enter into the contract until 10 days after you receive a copy of the contract. You do not need a reason to cancel.
If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel this contract within one year of the contract date. You lose that right if you accept delivery after the 30 days. If you cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods. To cancel, you must give notice of cancellation at the address in this contract. You must give notice of cancellation by a method that will allow you to prove that you gave notice, including registered mail, fax or by personal delivery.