DOUBLY TERMS OF SERVICE
These Broadband Terms & Conditions apply in addition to the General Terms & Conditions, and set out the basis on which we will provide broadband (ie Fibre and VDSL) services to you. Please read these Broadband Terms & Conditions carefully, as you agree to be bound by them when you apply for broadband services from us.
To the extent that there is any conflict or inconsistency between these Broadband Terms & Conditions and the General Terms & Conditions, these Broadband Terms & Conditions will prevail.
We have worked hard to make these Broadband Terms & Conditions as clear as possible, but we still want to draw your attention to the following important terms:
● Installation costs: You will be responsible for paying any costs associated with connecting and installing the Services at your premises. Any Installation Costs will be agreed with you before connection or installation commences. We may invoice you for any Installation Costs on behalf of the relevant Wholesaler.
● Speeds: Any stated speeds represent the theoretic maximum speeds at which you are able to send or receive data on the Network. The actual speeds or latency you experience may vary depending on various factors. See clause 9 for more information.
● Changes: We will only make changes to our Agreement or the Services in accordance with clause 13 (Changes by us) of the General Terms & Conditions. Where we make a change that has a detrimental impact on you, you may have rights to terminate Services or our Agreement.
● Termination: Your and our rights to terminate Services or our Agreement, and the consequences of termination, are set out in clause 10.
● Early termination charges: You may need to pay an early termination charge if your Fixed Term Plan is terminated before the end of the minimum service term. Further information is set out in clause 10
Please contact us if you have any questions or suggestions on how we can do things better. We hope that you enjoy being with us.
1. Definitions
1.1 Definitions: Unless stated otherwise, capitalised terms used in these Broadband Terms & Conditions have the same meaning as given to them in the General Terms & Conditions. In addition, in these Broadband Terms & Conditions:
ETP has the meaning given to that term in clause 3.2 (Standard Fibre installation); Non-Standard Fibre Installation has the meaning given to the term in clause 3.3 (Non-Standard
Fibre Installation);
Non-Standard VDSL Installation has the meaning given to that term in clause 3.5 (Non-Standard VDSL Installation);
ONT has the meaning given to that term in clause 3.2 (Standard Fibre installation); RGW has the meaning given to that term in clause 3.2 (Standard Fibre installation);
Services means the broadband (fibre, hyperfibre or VDSL) service and associated services that you acquire from us;
Standard Fibre Installation has the meaning given to that term in clause 3.2 (Standard Fibre Installation); Standard VDSL Installation has the meaning given to that term in clause 3.4 (Standard VDSL Installation); and UFB means ultra-fast broadband.
2. Availability of the Services & Wholesaler terms
2.1 Availability of the Services: The Services are only available at premises that are UFB or
VDSL eligible and ready (as applicable). Your LFC is responsible for confirming Fibre availability.
Chorus is responsible for confirming VDSL availability.
2.2 LFC terms apply to fibre Services: If you are acquiring fibre Services, you agree that you will
be bound by your LFC’s end-user terms, which relate to the provision (including installation) and use of that part of the LFC’s network and equipment which is located on your premises. The following table lists each LFC, their general area(s) of responsibility, and a link to their website:
LFC
General area
Link to LFC ’s website
Northpower Fibre
Whangarei
www.northpowerfibre.co.nz
Ultrafast Fibre
Hamilton, Hawera, New Plymouth, Tauranga, Tokoroa and Wanganui
www.ultrafastfibre.co.nz
Enable Networks
Christchurch
www.enable.net.nz
Chorus
All other UFB areas
www.chorus.co.nz
2.3 Chorus terms apply to VDSL Services: If you are acquiring VDSL Services, you agree that you will be bound by Chorus’ end-user terms (accessed at www.chorus.co.nz), which relate to the provision (including installation) and use of that part of Chorus’ network and equipment which is located on your premises.
3. Installation at your business premises
3.1 Installation Costs: You will be responsible for paying any Installation Costs. Any Installation Costs will be agreed with you before connection or installation commences. LFCs typically do not charge for a Standard Fibre Installation, but will charge for a Non-Standard Fibre Installation. We will invoice you for any Installation Costs on behalf of the relevant Wholesaler.
3.2 Standard Fibre Installation: Your LFC will determine what constitutes a standard fibre
installation (Standard Fibre Installation). See your LFC’s website for further information. A Standard Fibre Installation typically involves installing and connecting:
a) the fibre cable from the street (up to 200m) to your property;
b) the external termination point (ETP) on the exterior of your property;
c) the optical network terminal (ONT) inside your property; and the fibre enabled Modem or router (RGW).
3.3 Non-Standard Fibre Installation: Your LFC will determine what constitutes a non-standard
fibre installation (Non-Standard Fibre Installation). See your LFC’s website for further information. A Non-Standard Fibre Installation will typically be required if your site does not meet the standard criteria or does not have the correct services to the boundary and/or into your premises.
3.4 Standard VDSL Installation: Chorus will determine what constitutes a standard VDSL
installation (Standard VDSL Installation). Contact Chorus or see www.chorus.co.nz for further information. A Standard VDSL Installation typically involves remotely activating your connection at the exchange.
3.5 Non-Standard VDSL Installation: Chorus will determine what constitutes a standard VDSL
installation (Non-Standard VDSL Installation). Contact Chorus or see www.chorus.co.nz for further information. A Non-Standard VDSL Installation typically involves a Chorus technician visiting your premises to install a splitter, wire to a single RJ45 jack point, and isolate your premises from Chorus’ network. A Non-Standard VDSL Installation also includes any additional chargeable work agreed between you and Chorus when the Chorus technician is on site.
3.6 Access to your premises is required: We and our authorised contractors or suppliers
(including a Wholesaler) may require access to your premises to connect and install the Services and any Equipment. You agree to provide such access, and any information, assistance and consents reasonably requested to enable us, our contractors or suppliers (including a Wholesaler) to obtain authorisations, licences or consents that may be required to provide Services to you. We will arrange a time with you to access your premises. We and our contractors or suppliers will identify ourselves and carry suitable identification when accessing your premises. If we, our contractors or suppliers attend your premises at the arranged time and are not able to gain timely or safe access to your premises, then we may charge you a reasonable fee for that attendance.
3.7 Delays: We will use all reasonable efforts to facilitate the installation process in the most
efficient manner. However, we are not responsible for any delays to the installation process that are beyond our reasonable control, including any delays caused by you or the Wholesaler (including your or the Wholesaler’s availability).
3.8 Consent for fibre Services: If you are not the owner of the premises, or if you occupy a right-of-way or multi-unit premises, third party consents will be required to connect and install fibre Services. You must provide us with all information and assistance required to assess what consents may be required. You must obtain the consent of the owner(s) of your premises to all works being undertaken at the premises and obtain or assist your LFC to obtain all other required authorisations, licences and consents. You acknowledge that the Services cannot be connected to your premises until all required access, authorisations, licences and consents are obtained.
3.9 Temporary loss of other telecommunication services: You acknowledge that connecting
and installing the Services and any Equipment at your premises may result in you experiencing a temporary loss of your existing telecommunication services. We and our contractors or suppliers (including a Wholesaler) will use our best endeavours to minimise the duration of any such loss of existing telecommunications services.
3.10 Works may be required for fibre Services: You acknowledge that connecting and installing
fibre Services and any Equipment at your premises may require trench excavation or other civil works. All required works will be discussed with you prior to works commencing. Your LFC will be responsible for restoring any works, subject to their restoration policy. Restoration will typically be limited to restoration of the area where a trench has been dug and may include reinstating surfaces in a ‘like for
like’ manner (e.g. grass with grass, concrete with concrete or asphalt with asphalt etc.). However, the finish or match of the reinstated surface is not guaranteed . You are responsible for any restoration beyond the LFC’s restoration policy, including the costs of the restoration.
3.11 Copper lines may be removed: In some cases, existing copper lines that are installed on your
premises may need to be removed to connect fibre Services to your premises. You may not be able to revert back to your existing copper-based services once you connect to fibre Services.
3.12 Changing your mind before installation: If you decide not to proceed with your Application,
through no fault of us, our contractors or suppliers, after you have been provided an installation date but before installation commences, then we may charge you a reasonable cancellation fee. We will not charge you a cancellation fee if you decide not to proceed with your Application due to the cost of a Non-Standard Fibre Installation.
4. Changing between broadband technologies
4.1 You may request to change from DHCP to PPPoE, tagged to untagged, however you will need to terminate your current Plan and commence a new connection, and if you are on a Fixed Term Plan no break fee will apply, however a new connection fee will apply. Installation Costs may also apply for the new Services.
4.2 The customer (you) will be responsible for all costs required to reconfigure your router and port forwarding set-up. This is a service that you will need to engage your security provider or IT company to complete.
5. Charges and Payment
5.1 Prices exclude GST: Unless stated otherwise, all advertised prices for Services are exclusive of GST.
5.2 We reserve the right to revise our monthly pricing if our wholesaler updates their plan costs.
5.3 We reserve the right to change suppliers at any time and without notification, particularly if there are supply and delivery issues or shortages.
5.4 We do not provide any warranty on hardware supplied that is more than 1 year old. Including but not limited to routers, WAPS and Modems.
5.5 You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.
5.6 If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.
5.7 No refunds will be provided for any unused prepaid usage.
6. Conditions of use
6.1 Services are for your own commercial use: Our Services are provided exclusively for your own commercial use. You agree that you will not on-sell the Services or in any way use them to supply services similar to the Services to any other person.
6.2 Protection against viruses etc: You will be responsible for protecting your internet-enabled
device against any virus, unauthorised access or spam. We recommend that you install appropriate firewalls, spam filters and anti-virus software as we do not (unless specifically otherwise stated) provide any spam or virus protection with the Services.
6.3 Nominee required: You are responsible for nominating an email address to receive service
related messages for your account. We may send notices relating to your account,
including invoices, to this email address.
6.4 Personal Properties Securities Act 1999: If we supply Equipment to you to enable you to
access the Services, you agree that you will not sell, lease, dispose of, or allow any other person to take a security interest in the Equipment. If the Equipment has a total value in excess of $1,500 we can register a financing statement on the Personal Property Securities Register to reflect our interest in the Equipment. Where we exercise our right to register a financing statement, you also agree to provide
us with such information as we reasonably request to enable us to register a financing statement, inform us immediately in writing if you intend to change your name, address or contact details, and to the extent permitted by law you waive your rights under Part 9 (Enforcement of Security Interests) of the Personal Properties Securities Act 1999.
6.5 Confidential information: You agree to keep confidential any information you receive from us
which you would expect to be confidential or commercially sensitive. Any Charges relating to the
Services and pricing plan for your site is confidential information.
7. Consumer Guarantees Act does not apply
7.1 You agree that:
A. you are in trade or a PCBU;
B. the Services are being acquired for business purposes;
C. the provisions of the Consumer Guarantees Act do not apply to our supply or your acquisition of the Services; and
D. this clause contracts out of the provisions of the Consumer Guarantees Act.
8. Right to change and transfer
This service is provided to you by Doubly for and on behalf of our Internet Service Provider. If our Service Provider revises their pricing or plans this will be passed on to our customers. We reserve the right to change wholesale suppliers for any reason if required.
9. Broadband Services
9.1 Your application for Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order without penalty
9.2 Our plan speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we rely on other providers to deliver data to or from our network we are unable to guarantee that these speeds will be available to you. Nor can we guarantee that our Broadband services will always be available or that they can always be utilised for any particular purpose.
9.3 You must not knowingly transmit any worms or viruses or use our services in a manner which is likely or intended to damage or compromise the security of our network or anyone else's network.
9.4 We do not control the information that can be accessed through the internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our services. We are also not liable for any viruses or other harmful code which you download via the internet.
9.5 We may install equipment and carry out other work at a customer's premises. If we do so at your premises, then you grant to us and our contractors an irrevocable licence to enter your premises as and when we reasonably require (and you must obtain any necessary consents to such access) for the purposes of installing, maintaining, monitoring and removing such equipment or carrying out such work.
10. Termination
10.1 We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
10.2 If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.
10.3 In order to terminate your service, you must email hello@doubly. As per clause 5.6 we do not provide refunds for unused service or credit balances.
10.4 Initial term for service is 2 years with an early termination fee payable if the contract is terminated before the end of the term.
10.5 Break fee is calculated at 50% of the monthly fee for the remainder of the term.
11. Liability
11.1 We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
· if any communication is intercepted, not properly transmitted or received;
· for any disruptions or delays with the use of our services;
· for any delay in commencing the provision of services
· for any incompatibility with other services
· if any software or equipment we supply does not operate properly;
· for any error in any directory listing which we arrange
· if your computer becomes affected by any virus or worm
11.2 We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
11.3 If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.
11.4 You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
11.5 If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.
11.6 If you are acquiring the Services for the purposes of a business, then you agree that the provisions of the Consumer Guarantee Act 1993 do not apply to any Services we provide to you under this Agreement.
11.7 If you are acquiring the Services other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in this Agreement. Subject to your rights under the Act and the liability cap in clause 11.5, except where we cause direct damage to your property due to our negligence, to the extent allowed by law we have no other liability to you or any other person in respect of this Agreement.
12. Privacy
Our Privacy Policy forms part of our agreement with you and sets out how we collect, use and disclose your personal information in order to supply you with Services and other uses. This policy is available on request.
13. Changing these terms
We can change these terms from time to time by giving you as much notice as reasonably possible. We will inform you of any change to our terms by emailing you or by providing relevant information on our website. The latest terms and conditions are available on our website.
14. Notices
14.1 Doubly will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.
14.2 If your contact email address changes you must advise us of the new details as soon as possible.
14.3 You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email sent to your contact email address in a timely manner to avoid any potential disruption to your service.
15. Other Matters
15.1 These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.
15.2 You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.
15.3 A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.