Current as at June 2017

These are the Terms and Conditions that apply when you receive a fibre broadband installation from us to connect you our network.

Who we are

Tuatahi First Fibre Limited (Tuatahi First Fibre) owns and provides the fibre broadband network over which telecommunications and data services are provided to end users, including you.

What we do

Tuatahi First Fibre will install (if required), maintain, operate and own that part of its network which is located on your premises.

Your relationship with us

As such, you (as well as your service provider) have a direct relationship with Tuatahi First Fibre, and its network. All network users (including you) benefit if Tuatahi First Fibre is able to operate its entire network effectively and efficiently.

Who else uses our fibre broadband network

Tuatahi First Fibre’s network on your premises will be used by service providers to provide you, and possibly others, with their services.

Why we require you to accept our end-user terms

Accordingly, before Tuatahi First Fibre will install and/or make its network available for use at your premises, Tuatahi First Fibre requires you to agree to be bound by, and comply with, these terms.

How you will be notified of these terms

Your service provider will be the first person to tell you about these terms and will also be the person who obtains your agreement to be bound by these terms. Your service provider will do that on behalf of Tuatahi First Fibre and, when you agree to be bound, these terms will be an agreement between you and Tuatahi First Fibre.

When we may ask you to confirm you are aware of these terms

You agree that, if asked to, you will provide Tuatahi First Fibre with written confirmation of your agreement to these terms (for example, you may be asked to sign a copy of these terms before installation begins at your premises).

What these terms relate to specifically

These terms relate to the provision (including installation) and use of the line (and any associated equipment and infrastructure) connecting your premises to Tuatahi First Fibre’s wider network.

What rights these terms grant to us

These terms grant Tuatahi First Fibre the right to install, locate, maintain, access and operate its network on your premises and confirm that Tuatahi First Fibre owns all of its network.

What responsibilities these terms include

They also set out certain other rights Tuatahi First Fibre has, and the responsibilities you have, in relation to the Tuatahi First Fibre network.

Glossary

Tuatahi First Fibre, we, our and us

This means Tuatahi First Fibre Limited (New Zealand Company Number 3226213)

you (and your)

This means you, the customer or end user of services which incorporate our services

Our network

This has the meaning given to that term in clause 2 below

Network terminating point

This means the portal at your premises where you will connect to our network and it includes an Optical Network Terminal (ONT), any other Network Interface Device (NID) or the secure jack or other access point where our network ends on your premises

Premises

This means any property you own, occupy or have control over where our network is (or is to be) located and will include your home and section (for residential connections) and your business premises and the land or building it is located on or within (for business connections)

Install

This means all of the works and activities which are necessary to connect your premises to our wider network, including pre-installation design work

Maintain

This means all of the works and activities which are necessary to keep your premises connected to our wider network, including inspection, replacement and relocation

Consents

This means the consents and approvals needed for us to lawfully install, locate, access, maintain and operate our network in the manner allowed by these terms and acknowledgements that we will own our network at all times;

Services

This means all goods and services of any kind we provide to you or your service provider and includes the operation, repair and maintenance of our network

Service provider

This means any other person approved by us who provides you with any telecommunications or data services that use our network

What these terms do not apply to

Nothing in these terms applies to (a) any equipment owned by a service provider which may be located at your premises or varies any agreement you may have with a service provider in respect of such equipment; and (b) a particular set of premises if we have agreed with your service provider that some other agreement between you and your service provider will govern your rights and obligations in relation to our network at those premises

1. Agreement

Who these terms apply to

These terms bind you and us and apply to any premises you may at any time own, occupy or have control over where assets installed and owned by us are located.

The rights you grant to us

You agree that we may install, locate, access, maintain and operate our network on your premises under these terms.

How we can use these rights

We may enforce these terms directly against you without any involvement from your service provider.

We only require you to agree to what you are lawfully able to agree

The things you agree to do under these terms only apply to the extent you are lawfully able to do them and we do not require you to do things you have no actual power do to.

What you receive as consideration for your legal agreement with us

Your agreement to be bound by, and comply with, these terms is in exchange for us agreeing to install and/or make our network available for use at your premises.

2. Our network

What our network is comprised of

Our network includes the connecting line to your premises and all associated equipment and infrastructure (including the network terminating point), all of which is provided and owned by us and may be located in, on, over or outside of your premises.

What our network does not include

Our network does not include any line or equipment provided by someone else, even if we may use that line or equipment.

Where our network ends

Our network normally ends at our network terminating point installed inside your premises (for residential connections, this means inside your home), if you receive services from a service provider over fibre optic lines.

No rights offered to you in our network

These terms do not give you any rights in any part of our network; nor will you acquire such rights from your service provider.

IMPORTANT INFORMATION: YOUR PROMISES TO US IN RELATION TO OUR NETWORK

What you must permit us or our agents to do

You must:

• Access let us or any of our agents or subcontractors come on or into your premises to install or work on our network or anything connected to it;
• Notice we will always try to give reasonable advance notice to the occupier (including a description of the work we’ll be doing) before we do it and the people we send will carry and present proof of their identity (and if the access we require to your premises is not granted this may impact on the services you or others receive from your service provider); and
• No interference not interfere with any part of our network, even if it is on or within your premises (and if you do interfere (or instruct or allow any person who is not authorised by us to interfere) with our network, we will not be liable to you for any failure or disruption in the services you obtain from a service provider); and
• No conveyance from our network without express permission not convey or receive, or permit any person other than a service provider to convey or receive, any signal, communication or other service over or using any part of our network unless we first agree (and we may agree subject to conditions).

Written consent to install, access, maintain, operate and acknowledge ownership of our network

If you do not own your premises (or are not the only owner, unless you are a joint owner), you must ensure that the owner(s) give us written consent to install, locate, access, maintain, operate and own our network on that premises. You also agree that, if asked, you will provide us with written evidence of that consent.

Losses if no consent is obtained

You will be responsible to us for any loss we suffer if you do not ensure this.

Installation to adjacent land or buildings

To connect your premises to our wider network we may need to install our equipment on or in adjacent land or buildings that you are not the sole (or a joint) owner of (for example, an access right of way or the risers that provide access for utilities in a commercial building). You agree that, if we ask you to, you will help us to obtain all the consents that we need to install our equipment.

Inability to install without appropriate consents

Unless we have all the consents we need, we have no responsibility to you for any failure to provide (or disruption of) the services you have requested (or obtained) from a service provider.

Electrical supply to operate

You acknowledge that:

• Continuous electricity supply required our network terminating point will almost always require a continuous electricity supply to operate and you are responsible for ensuring that electricity is supplied safely to where our network terminating point will be located; and
• All connecting equipment must be compliant to electricity standards if you connect anything to our network terminating point (including any equipment or device) that is not compliant with any relevant international connection standards, it may adversely affect services you, and possibly others, receive from your service provider and/or damage our network. More information about relevant connection standards can be found at www.ultrafastfibre.co.nz.

IMPORTANT INFORMATION: YOUR LIABILITY TO PAY FOR ANY LOST, STOLEN OR DAMAGED PART OF OUR NETWORK CAUSED BY YOU

Liability to pay for repair costs for damage caused by you

You agree to pay for repairing or replacing any part of our network which is lost, stolen, or damaged by you or anyone you are responsible for or have control over.

Disruption to our network

You also agree to use your reasonable endeavours to ensure that our rights to our network are not disrupted by anyone else.

3. Property damage

Liability for damage to premises where reasonable care not taken

Where we or any of our contractors or agents do work on or at your premises (including installation of our network) and damage it through not taking reasonable care, we will pay the reasonable cost of repairing the damage up to a maximum of $500,000 for any event or for any series of related events (up to a total of $1,000,000 in any 12-month period).

Timeframe to inform us of damage

For us to consider your claim you must tell us within one month after you become aware that your premises are damaged.

Claims to be brought against

Us only You agree not to pursue any of our contractors or agents for any such repair costs or damage.

Limited liability for damage to premises where reasonable care was taken

This clause 3 also applies to any liability we have to you for damage to your premises where reasonable care has been taken in carrying out work on or at your premises except that the liability limits that apply are the ones described in clause 5 below.

4. Exclusion of all other liability

Our exclusions to our liability

We have set out your rights to claim compensation from us. We now exclude all other liability we may have to you.

Exclusions apply to others in our group structure

This exclusion applies for the benefit of these people:

• us;
• other network operators whose networks are connected to each other or to our network;
• all companies directly or indirectly owned, partly owned or controlled by any of the people listed above;
• all officers, employees, contractors and agents of all the people listed above; and
  anyone else any of the people listed above is responsible for.

No liability of parties listed above except as expressly stated

Except for any liability we may have under clause 3 above, none of these people are liable to you or have to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us or a service provider. This exclusion applies whatever you are claiming for and however liability arises or might arise if it were not for this clause 4.

5. Limitation of our liability

Where our liability is limited to compensation

We have set out your rights to claim compensation from us under clause 3 above and excluded all other liability we or any of the other people listed in clause 4 above may have to you. If we or any of the other people listed in clause 4 above are ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 4 above, then this clause 5 applies.

Maximum liability amount

Where this clause 5 applies, the maximum combined amount we and all the other people listed in clause 4 above (together) will have to pay you and anyone else who uses the services provided to you (together) is:

• $50,000 for any event or for any series of related events; and
• a total of $100,000 in any 12-month period.

For clarity, these liability limits also apply under clause 3 above where reasonable care has been taken in carrying out work on or at your premises.

Consumer Guarantees Act

This limitation does not limit any rights you may have under the Consumer Guarantees Act 1993. If you are a business customer who has a written agreement with your service provider, the provisions of the Consumer Guarantees Act 1993 may not apply to any services we provide.

6. Information about you

Primary purpose for collection, sharing your information and your right to receive and correct your information

Please see our Privacy Statement here for full details of how we comply with the Privacy Act 2020.

7. Terms apply while our network is on your premises

Duration of these terms

These terms apply between you and us for as long as, and whenever, any part of our network is located on or at your premises.

Terms are independent

These terms (and our rights under them) are entirely independent of your relationship with any service provider. For clarity, none of the rights and benefits conferred on us under clause 2 above will come to an end or be altered as a result of your agreement with a service provider ending.

8. Changing these terms

Our right to change these terms

We may change these terms by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms.

Notification period for changes

We will always tell you about any changes to these terms at least one month before they come into effect. We will never change this requirement.

How we will tell you about changes

We will tell you (and your service provider) about any changes by putting a notice on our website (www.ultrafastfibre.co.nz). Please ask us at any time for a free copy of our current terms.

You may not change these terms

These terms cannot be changed by you.

9. Transferring these terms or our rights

Our right to transfer benefit of these terms

We may transfer to someone else our rights and benefits under these terms, and our network. You agree that such a transfer can occur without the need for any consent from, or notice to, you.

These terms continue to apply after a transfer

After a transfer, these terms (and all your obligations under these terms) will continue for the benefit the person we transfer to. We may also hold our rights and benefits under these terms in whole or in part for the benefit of other persons who may have an interest in our network.

10. Each term separately binding

Terms separately binding

If for any reason any of these terms, or any terms you agree with a service provider, cannot be enforced or relied on by you, us or the service provider, all other terms of this agreement, and all other terms of the agreement you have with a service provider, will remain binding.

END OF TERMS