Fibre Terms and Conditions
ADVANCED COMPUTERS UFB SERVICES TERMS AND CONDITIONS
Advanced Computers UFB (or Fibre) Services are broadband services delivered over the new UFB network. Accordingly, the Advanced Computers Broadband Terms and Conditions govern your use of the Advanced Computers UFB Services together with the terms and conditions set out below. The Advanced Computers General Terms and Conditions also apply together with all other relevant Advanced Computers services terms and conditions which can found on the Advanced Computers website. Advanced Computers UFB services are available only with the Advanced Computers Genius.
General
1. LFC: The Local Fibre Company (LFC) is the entity in which the New Zealand Government and a partner (eg Chorus, Northpower Fibre, UltraFast Fibre) hold shares, and through which the government’s UltraFast Broadband initiative will be effected. You consent to Advanced Computers sharing information about you with your LFC, to the extent necessary for the provision of the Advanced Computers UFB Services to you. No right or benefit is conferred on you by the LFC.
2. End User Terms: In accepting the Advanced Computers UFB Services, you agree to be bound by the LFC (End User) Terms as set out on the LFC’s website from time to time. Information on your LFC can be found at http://www.crownfibre.govt.nz/crown-partners . Further, you may be required by your LFC to sign a copy of the End User Terms when its technicians visit your premises for installation.
3. Access: You hereby consent to allow Advanced Computers and its contractors to access your premises in order to construct, install, inspect, maintain or replace any equipment installed at your premises for the provision of the Advanced Computers UFB Services, or remove it from, your premises and you will ensure that Advanced Computers and its representatives have safe access to your premises for these purposes.
Ownership of Premises, consent and indemnity
4. Participants in the Advanced Computers UFB Services Trial warrant that they own the premises at which the Advanced Computers UFB Services will be installed and will be liable for and will indemnify Advanced Computers for any loss suffered by Advanced Computers if you do not own such premises. For customers who are not participants in the Trial, if you are not the owner of the premises, you must obtain the owner’s consent for the Services to be installed. You agree that the installation of the Services at your premises is on the basis of the request that you have made to us and that we have relied upon your authority to make this request. You further agree that you will indemnify Advanced Computers for any loss it suffers as a result of your failure to obtain the consent of the owner of the property and any other third parties whose consent is required for installation of the Advanced Computers UFB Services.
Installation
5. Costs: You are liable for all installation costs in relation to the Advanced Computers UFB Services at your premises. Installation costs will be set out on your first Advanced Computers UFB Services invoice. If UFB Services have already been installed at your premises, you may be liable for set up charges for connection of Advanced Computers UFB Services to premises.
6. Land excavation: Installation of Advanced Computers UFB services at your premises may require trench excavation. Restoration by Advanced Computers or its contractors of such excavation will be limited to grass restoration only. You will be responsible for any further restoration and the costs associated with such further restoration. This means that the cost of restoration of any paved, concreted, cobbled areas etc. will need to be met by you.
7. Day of installation: You will be obliged to be present at your premises during the installation of your Advanced Computers UFB services. Installation will not take place on a weekend.
Availability of Service
8. Availability: The Advanced Computers UFB Service is only available in locations which are sites enabled by your LFC. You acknowledge that you may not be able to receive the Advanced Computers UFB Services at your location.
Fixed Term and early termination charge
9. A minimum term contract of 12 months from the date of installation will apply to the provision by us and acceptance by you of your Advanced Computers UFB Services. Advanced Computers may charge an early termination fee equivalent to the total charges for the remainder of the 12 month term if your Advanced Computers UFB services are cancelled prior to the expiry of the initial 12 month term ($149 minimum payable under 18 month contracts and $199 minimum payable under 24 month contracts). Where your Advanced Computers services are cancelled after the initial 12 month period but prior to the expiry of a longer fixed term contract selected by you, Advanced Computers may charge:
- $149 in relation to an 18 month contract; and
- $199 in relation to a 24 month contract
Moving house/premises
10. If you move house during your 12 month Advanced Computers UFB Services contract period, you will liable to pay an early termination fee equivalent to the total charges for the remainder of the term , even if:
- you can connect UFB services at your new premises;
- you wish to connect to Advanced Computers broadband services at your new premises;
- UFB services are not available at the new premises.
In addition, you may be liable to pay set up and installation costs at your new premises.
11. If you move house after the expiration of the 12 month fixed term and you wish to have Advanced Computers UFB Services at your new premises, you will be liable to pay set up costs at your new premises and any installation costs if UFB has not been installed at your new premises.
12. You must not remove any of the equipment or devices installed in relation to the Advanced Computers UFB Services at the premises from which you are moving and you will be liable for all costs associated if you do so.
13. You must give Advanced Computers no less than 30 days in order to complete a move house request.
14. Connection at your new premises cannot be completed on a weekend.
Monitored and other services
15. Monitored services (e.g. monitored alarms, medic alerts, fax, eftpos machines, etc) will not be supported by Advanced Computers and it is your responsibility to contact your relevant service provider to ask whether such services are compatible with fibre and make the appropriate arrangements for continued service. IF YOU RELY ON A MEDIC ALERT OR OTHER MONITORED DEVICE AND YOUR PROVIDER FOR THESE SERVICES CANNOT GUARANTEE THEIR COMPATABILTIY WITH A FIBRE SERVICE, YOU SHOULD NOT SIGN UP FOR ADVANCED COMPUTERS UFB SERVICES. Advanced Computers will not be liable to you in relation to the foregoing.
Existing service providers and copper wiring
16. If you are with another service provider and you wish to have your phone number ported to Advanced Computers UFB Services you must not cancel the services your existing service provider prior to your connection to Advanced Computers UFB Services. If you do this, Advanced Computers cannot guarantee that your number will be available on the Advanced Computers UFB Service.
17. Once your Advanced Computers UFB Services are connected, it is your responsibility to contract your previous service provider(s) to ensure that your previous services are cancelled and to avoid being billed for such services.
18. Copper wiring removed: The copper wiring to your premises may be removed upon completion of the installation of your Advanced Computers UFB Services and cannot be reinstalled. If the copper wiring is removed ONLY fibre services will be available at your premises.
Changing plan
19. You may change components of your Advanced Computers UFB Services as permitted by Advanced Computers from time to time, including calling plans, data limits and service features and these changes will take place at the beginning of the billing cycle following the date your request being accepted.
20. Unless you have elected to retain and continue to pay for your copper wiring at your premises, Advanced Computers cannot change the Advanced Computers UFB Service to another Advanced Computers Service. If the copper wiring was retained at your premises, and you wish to change back to another Advanced Computers Service, fees and charges will apply including any applicable early termination fees for your Advanced Computers UFB Service.
Equipment
21. You agree that you will not damage or tamper with any Advanced Computers and/or LFC device provided at your premises for the delivery of the Advanced Computers UFB Services and you will follow Advanced Computers’s instructions in relation to all such devices.
22. All equipment provided by Advanced Computers in order to use the UFB services will remain Advanced Computers’ property.
23. If any UFB equipment is damaged or unreturned, the customer will be liable for the cost of the equipment and its replacement.
Advanced Computers ADSL as interim
24. Where you have elected to receive the Advanced Computers ADSL while you wait for UFB Services to become available at your premises, the following terms apply in relation to fixed term contract periods.
25. Where you have less than 12 months remaining on your Advanced Computers ADSL contract at the time you are connected to Advanced Computers UFB Services, you will be required to enter into a further 12 month fixed term contract in relation to the Advanced Computers UFB Services.
26. Where you have more than 12 months remaining on your Advanced Computers ADSL contract, you must sign up for Advanced Computers UFB Services for a fixed term equal to these remaining months otherwise early termination fees will apply.
27. Once Advanced Computers UFB Services become available at your premises, we will discuss your options with you. You will not be obliged to receive Advanced Computers UFB Services and may elect to continue with your Advanced Computers Genius Services.
Speed
28. All references to speed are to the maximum theoretical speeds. Actual data transfer speeds to individual premises may differ and Advanced Computers does not guarantee that you will achieve the maximum speed. When you are connected to an Advanced Computers UFB Service with, for example, a speed of up to 100 Mpbs Advanced Computers does not guarantee that everything you download from the internet will be received by you at 100 Mbps. External factors will affect your actual speed including, but not limited to, your computer, your internal wiring and internet traffic congestion and environment.