Internet Service Standard Terms and Conditions

The following Terms apply to all Knossos Networks Ltd Internet services except where covered by a specific contract. These Terms form the basis of the contract for services ("The Services") between the you (the "Customer"), and Knossos Networks Limited (the "Supplier").

The Supplier may alter these terms at any time with 30 days written notice.

Domain names registered through the Supplier with the New Zealand Domain Name Registry Limited (NZRS) are governed by the NZ Domain Name Registration Terms and Conditions.

1. Responsibilities of the Supplier

1.1. The Supplier agrees to:

Provide the Services in to the best of its ability; and
Respond to faults and user requests in a timely manner.

2. Responsibilities of the Customer

2.1. The Customer agrees:

to ensure that all information given to the Supplier, including but not limited to contact and service details, is true and correct.
to follow any instructions provided by the Supplier in using the Services;
not to disclose to any third party any passwords or security codes provided by the Supplier to the Customer;
to notify the Supplier immediately of any suspected security breach, including disclosure of passwords or use of services by unauthorised third parties; and
that the Services are for the Customer's use only, and may not be resold or otherwise supplied to any third party without the Supplier's express consent.

3. Prohibited Activities

3.1. The Supplier reserves the right to suspend or restrict access to the Services to anyone who uses the Services or allows the Services to be used:

for any unlawful or offensive act;
to publish or distribute any information, software or other material, which is unlawful or which a reasonable person would consider offensive, abusive or defamatory;
to distribute multiple unsolicited electronic mail messages to large numbers of persons including, but not limited to, electronic mail advertisements (aka spam);
to gain or attempt to gain unauthorised access to any computer systems;
to spread viruses or other unwanted software to any software or hardware operated by any other person on the Internet, including the Supplier and the Customer;
in any way that disrupts the Services, or any other services of the Supplier or the Customer;
in a manner which infringes the rights of any person;
in any way that would bring the Supplier, its customers, partners or associates into disrepute; or
by any unauthorised third party.

4. Payment for Services

4.1. The Supplier will invoice the Customer for service in advance.

4.2. The Customer must pay the Supplier the full sum of any invoice within 20 days of the date on the invoice.

4.3. If payment is overdue, the Supplier may, at its sole discretion:

suspend or restrict access to the Services until the full overdue amount is paid;
charge the Customer interest at 15% per annum on the overdue amount amount from the due date until the date the full overdue amount is paid; and
charge the Customer any costs incurred by the Supplier in trying to recover the overdue amount.

4.4. Suspension or restriction of access to the Services due to non-payment of overdue accounts or to prevent their use for prohibited activities does not constitute termination of supply of the Services. Suspended or restricted services must still be paid for.

5. Minimum terms

5.1. The supply of Services commences from date the Services are made available for use by the Customer, and continue in effect for one year, and thereafter until terminated by the expiry of 30 days written notice given by either party to the other party.

5.2. Where services are no longer required by the Customer prior to the expiration of the minimum term, the Supplier may, at its sole discretion, charge up to the full price of the terminated Services for the remainder of the minimum term.

6. Privacy

6.1. The Supplier may require information from the Customer, such as addresses and other details, Some of this information may be personal or confidential. Such information may be used or provided to third parties for:

providing the Services to the Customer;
billing;
communicating changes to services or the terms and conditions of service;
checking credit; and
recovering overdue accounts.

6.2. The Supplier will treat your personal information in a manner which meets the requirements of the Privacy Act, and will act on any requests to correct such information.

7. Indemnity

7.1. Notwithstanding any other provision contained in these Terms the Customer agrees to indemnify the Supplier, and keep the Supplier indemnified, against all loss, cost, damage or expense resulting from any claim made against the Supplier by any third party as a direct result of the Customer's use of the Services, including material that is generated or disseminated by the Customer through using the Services.

8. Force Majeure

8.1. Where supply of the Services is disrupted by events or factors beyond the reasonable control of the Supplier, and no reasonable remedy or alternative can be provided for fifteen days, the Customer may terminate the supply of Services without penalty effective from the date the service was disrupted.

9. Limitations of Liability

9.1. The Supplier shall not be liable to the Customer in any circumstances for loss of profit (direct or indirect), loss of sales, loss of market, loss of goodwill or reputation, third party claims, or any special, indirect or consequential loss arising from the supply of the Services whether or not the Supplier was made aware that such loss was possible or such loss was otherwise foreseeable.

9.2. The Supplier shall not be liable to the Customer to the extent that any loss or damage is caused or contributed to by the Customer or any third party.

10. Transfer of Services

10.1. The Supplier may at any time transfer provision of part or all of the Services to another party. If the nature of the Services is materially changed as a direct result of such transfer, the Customer may, within 30 days of the transfer, terminate the supply of Services without penalty from the date the service was transferred.

11. Governing Law

11.1. These Terms are governed by the law in force in New Zealand. The Customer agrees to submit to the jurisdiction of the Courts of New Zealand.