These terms and conditions are intended to be treated by both parties as the complete and binding agreement between yourself, ("the User"), and the Internet Supply & Service Ltd, (ISSL), ("The Company").

These terms and conditions override any earlier written or oral agreement between the User and the Company and may only be amended with the written consent of both parties. The rates and other charges are set out at the end of these Terms and Conditions. The most recent Terms and Conditions including current rates may be found at any time on the Company's home page at www.issl.co.nz

If you do not accept these Terms and Conditions, please send e-mail to issl@issl.co.nz immediately, advising this fact, and then drop carrier. You will remain liable for any charges incurred before that time

Changes to these terms & conditions

The Company reserves the right to modify these terms and conditions, the range of services provided, or the fees charged for services in any way whatever. The Company will give the User at least one calendar month notice of any change to these terms and condition by posting to the user.

If you do not accept any change you have the right to cancel the supply of the services without penalty to you except as otherwise specified in these terms & conditions. If your notice of cancellation arrives after the notice period has expired the changes to the terms & conditions will apply until we receive your notice of cancellation and terminate the supply of the Services to you.

Glossary of terms

In these terms and conditions

"Services" means:

remote access of any kind to the Company's computer system through a telecommunications link, allowing the use of the Company's computer system, software, information services, and ancillary user assistance, training, computing and communication services; and

access through the Company's computers to the international computer network known as the Internet, and the associated software, databases, data, information and all other material.

"Charges" are our charges for connection to the Network and the supply of the Services as set out in our Pricing Plan.

"Default Rate" is the rate of 2.0% per month or other rate notified to you by us in accordance with these terms and conditions.

"GST" is goods and services tax under the Goods And Services Act 1985.

"Network" is our communications network.

"Person" "Person" (and any reference to a natural person) includes bodies corporate and unincorporate, partnerships, trusts, local or public authorities and any other entities or combinations thereof.

"Pricing Plan" is our pricing plan (as amended by us from time to time), incorporating particulars of our charges, the authoritative version of which is held at Corner Carnegie & Dunlop Roads, Onekawa, Napier or such other address as may be notified to you.

"Application" is the application form which you completed requesting connection tho the Network and supply of the Services.

Important notice regarding the Consumer Guarantees Act 1993.

Your connection to Internet Supply & Service Ltd and network and the supply of services by us may be subject to the Consumer Guarantees Act 1993 ("Act"). Where the Act applies then subject to the provisions of this notice, your rights and remedies under the Act are in addition to your rights and remedies under these terms and conditions and nothing in these terms and conditions shall limit or exclude your rights or remedies under the Act.

Where you acquire or hold yourself out as acquiring connection to the Network and the Services for the purposes of a business, the provisions of the Act shall not apply to your connection to the Network or supply of the Services and for the avoidance of doubt, these terms and conditions shall apply to such connection and supply.

Exclusion of the Consumer Guarantees Act 1993 - Business Consumers

Where you acquire or hold yourself out as acquiring connection to the network and the services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply to your connection to the Network to the supply of the Services and we exclude all liability to you and any other Person in respect of any actions, claims, demands, proceedings, costs, expenses, damages, losses or other liabilities, (direct, indirect, consequential or otherwise) arising directly or indirectly from or in connection with: your connection to the Network;

(a) our supply of, failure to supply, interruption of, or delay in supplying the Services or any part of them for any reason whatsoever; the fitness of the Services for any particular purpose;

(b) the inaccurate transmission of any data.

ACKNOWLEDGMENTS

The User understands and accepts:

(a) that he, she, or it is responsible for and must provide all telephone and other equipment and services necessary to access the Services;

(b) that the information contributed by and received from any other computer connected to the Internet is not in any way attributable to or endorsed by the Company;

(c) that other computers connected to the Internet may inhibit the User from access to their items of information;

(d) that he, she, or it shall be fully responsible for all use of the Services accessed through the User's access codes and passwords and that the Company does not warrant :

(e) that the Services will be guaranteed to be available at any given time, uninterrupted or error free;

(ii) that the information provided through the service is suitable for any particular purposes.

(e) that the information provided or accessible through the Service is made accessible to the User on an as is basis without warranties of any kind, either express or implied, including, but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose of use with respect to the Service or any information accessible through it.

(f) that the User is responsible for developing and maintaining procedures and systems to protect, backup or restore your information

(g) that ISSL may use your name, identification and other given details in our database and system

Conditions of Service

These terms and conditions relate to your connection to the Network and the provision of the Services. The provision of any equipment will be covered by other documentation. The Services are supplied on condition that the User will not use or permit the use of the Services for any illegal purpose.

Unless otherwise agreed in writing between the parties, the User's right to use the Services is not transferable and is subject to any limits established by ISSL as notified to the Customer in writing from time to time

Users less than 18 years old must have a parent or legal guardian agree to these Terms and Conditions to indicate their acceptance of the financial obligations connected with use of Services, and knowledge of the terms and conditions of the agreement between the User and the Company. If the User is less than 18 years of age, he or she must disclose this fact to the Company before accessing the Services. If no disclosure has been made, the User warrants to the Company that he or she is older than 18 years of age.

The User acknowledges he, she or it is aware that the Services provided include access to the complete USENET discussion groups ("newsgroups"), stored on the Company system, and various file archive sites, and World Wide Web hypertext sites. Some of the material contained in these newsgroups, or stored on these systems may contain language, documents, or pictures about subjects intended for adult audiences. Access to, publication of, or use or re-use of, this material is at the sole risk of the User.

The User shall not use the Company system resources or Services in any way which disrupts the normal use of the system for other customers of the Company. Prohibited actions include, but are not limited to; the use of e-mail or newsgroups in a way which results in excessive mail to the User or to the Company, the spawning of an excessive number of processes, consuming excessive memory, central processor time, hard disk storage space, excessive inactive connect time to the system, use of software to gain unauthorised access to Services on the Company's computer system, or to gain unauthorised access to other computers whether or not connected to the Internet.

Acceptance

The Application is subject to our acceptance, which occurs on the activation of the Services or earlier notification to you.

IDENTIFICATION

As soon as possible after we accept you as a customer you will be provided with your IDENTIFICATION (if available which is to be decided by ISSL staff) requested in the Application. These are for your use but remain our property and must be relinquished to us when the supply of the Services is cancelled by you or terminated by us.

You will be advised of your password which protects and how your password can be changed. The password is confidential and you should not disclose it to anyone. You should not write the password or keep a record of it.

The User shall maintain a secure password of between 6 and 8 letters, containing a mixture of upper case and lower case letters and numbers and other characters, to keep that password confidential and not to supply it to any other person.

RIGHTS AND LIABILITIES

The User acknowledges that the Company may, without penalty, and in addition to any other remedies available, at any given moment, and without the requirement for prior notice, withdraw from the Services any information contributed to any part of the Services by the User, or limit the User's right to access the Services if, in The Company's reasonable opinion the User -

(a) has breached in a material manner any provisions in this Agreement relating to the use of any part of the Services; or

(b) has made in the Company's reasonable opinion too extensive use of its capacity or access rights to inhibit other customers from use of the Services.

In such circumstances the Company shall notify the User in writing within 14 calendar days of the action taken. the Company may, at its total discretion, restore all or any part of the Services if, in its reasonable opinion, it has received satisfactory assurances from the User as to the future use of the Services.

All disclaimers by, and indemnities in favour of the Company shall survive the termination of this Agreement.

USER LIABILITY

The User expressly agrees that the use of the Services, which includes the content of the Services and any transmission, storage or use of information is at the User's sole risk. The Company and the User agree that the Company shall have no liability for the User's use of the Services, which includes the content of the Services and any transmission, storage or use of information by the User

The User agrees to indemnify and hold the Company harmless for any loss or damage of whatever kind caused to the Company, its other customers, and any third party for any claim or action which may be brought by a third party against the Company, and against civil and criminal liability in New Zealand or any other jurisdiction connected in any way with the User's use of the Services, including, but not restricted to:

(a) access, use or transmission by the User of information protected by copyright, patent, trade mark or other intellectual property laws in New Zealand or any other jurisdiction, or protected by international treaty; or (b) the contribution of, or accessing of information which might contravene data protection, personal privacy, human rights, or censorship or obscenity legislation in New Zealand or any other jurisdiction.

The User acknowledges that any such use of his or her access rights to the Services under this Agreement is without the knowledge or assistance of the Company.

The User acknowledges that the Company shall not be held liable by the User for any loss or damage or civil or criminal liability or for the failure to perform any obligation due to causes reasonably beyond the control of the Company including industrial disputes, of whatever nature, fire, power loss, telecommunications failure and force majeure.

Charges and Billing

We will charge for connection to the network and for the Services in accordance with the Pricing Plan you have chosen in the Application. We may change our Charges without notice. You will receive automatically the benefit of any price reduction for usage of the Network.

GST is payable on all Charges.

We will bill you on a regular basis by issuing you a GST invoice (either electronically or proper). Payment is due no later than 7 days after the date of issue of the GST invoice.

You will pay to ISSL on demand all charges, costs and expenses set out in or payable in respect of Services provided under these terms and conditions in full without deduction or set off by you. This includes, without limitation, the completion of administration of these terms and conditions and all expenses, including costs of debt collection, legal fees on a solicitor and own client basis, incurred by us in enforcing or attempting to enforce any provisions of these terms and conditions or in exercising or attempting to exercise any of our remedies under these terms and conditions.

We may charge you interest on overdue payments at the Default Rate calculated on a daily basis from the time such payments are due until payment in full is received by us. We may alter the Default rate by giving you prior notice which may be included in your invoice.

Charges will continue to be payable during any period of suspension under clause "Suspension And Termination".

If you think you have been billed incorrectly for any of the Services you should bring the matter to our attention and if possible, provide us with evidence of the mistake. Even where you think a mistake has been made, you must pay your account by the due date unless we otherwise agree. We will credit or debit (as the case may be) your account with the amount of the mistake if we are able to verify that a mistake was in fact made in preparing your account.

We may place a credit limit on your account and we will, if requested by you, notify you of that limit.

Security Deposit

We may require you to pay a security deposit before or during provision of the Services.

If you fail to comply with any of these terms and conditions you agree that we may use the security deposit to meet any costs, loss or liability incurred as a result. We may also use the security deposit to meet any early termination fee you may incur under clause "Suspension And Termination" or to meet any other monies owing by you to us under any other agreement you have with us.

After termination of the Services we will repay the balance (if any) of the security deposit to you.

Credit References and Information

We may from time to time require you to provide the names of one or more credit references to assist us in assessing your creditworthiness. We may terminate the Services at any time if we assess you to be or if you become a poor credit risk or if you fail to provide us with the names of one or more credit referees following our request to you for credit referees. You are entitled to see, and to correct , any credit information which we hold about you. To assist us to maintain and improve the quality of our services you acknowledge and agree that we may monitor internally any calls made by you to us or calls made by us to you (including calls to or from any of our departments). In addition, you agree that when you call ISSL your details (personal or otherwise) may be given to the Customer Service representative (or other Person authorised by ISSL) receiving your call. You acknowledge that this will enable the Customer Service representative (or other Person authorised by ISSL) to greet you by your name and to access your account and other details so as to be able to respond efficiently to any queries you may have.

Suspension and Termination

If you fail to pay any of our accounts by the due date or if we assess you to be, or assess that you are likely to become, a poor credit risk, we may without notice to you suspend the supply of Services to you, rather that terminate our agreement with you as set out in this clause. Suspension of Services may mean barring connection. You acknowledge that nothing in this clause requires us to suspend the Services before exercising our rights of termination. Subject to our rights of suspension, we will continue to supply the Services to you until the supply is cancelled by you or terminated by us or if we have agreed to supply the Services to you for a fixed term, upon expiry of that term whichever occurs first. Your connection to the Network will cease upon such cancellation, termination or expiry of the supply of the Services.

Even if we have agreed to supply the Services to you for a fixed term, we will promptly cancel the Services on receiving written notification from you. If you wish to cancel the supply of Services during a fixed term, you must give us a one months notice of the date of cancellation.

Even if we have agreed to supply the Services to you for a fixed term, we may terminate our agreement with you without notice, if:

(a) you fail to pay one of our accounts by the due date.

(b) you breach any of these terms & conditions or any other agreement you have with us;

(c) we assess you to be or you become a poor credit risk under clause "Credit references and Information";

(d) you become insolvent, or in our reasonable opinion the likelihood of you becoming insolvent exist;

(e) you have a receiver, a manager and receiver or a statutory manager appointed or all or any of your assets;

(f) if you die, or in the case of partnership, the partnership is dissolved or an application to dissolve is filed, or in the case of a company, a resolution to wind up or application for winding up is proposed, passed, presented on file; or

(g) our licences enabling us to operate the Network (or any of them) are revoked, terminated or suspended or any interconnect agreement expires or is terminated for any reason.

Upon termination of our agreement with you all payments due by you to us under these terms & conditions will be immediately due and payable by you to us and we may demand immediate payment of all money payable by you under these terms & condition. Upon receipt of our demand you will immediately make payment of the money demanded by us.

The provisions of clauses "Exclusion Of Liability", "Exclusion Of The Consumer Guarantees Act 1993 - Business Consumers", "Indemnity" and "Suspension and termination" shall survive termination of our agreement for supply of the Services to you.

Coverage

The geographic service area in which the Services will be available may change over time with Network expansion or re-configuration.

In providing the Services, we may, from time to time, use such domestic and international carriers and route calls in such manner as we think appropriate in the circumstances.

The Services maybe subject to temporary interruptions due to interference, network congestion, maintenance, outages on other networks or other operational or technical difficulties.

Miscellaneous

These terms & conditions and the contract arising out of our acceptance of your service application are governed by the laws of New Zealand.

Your rights, interests and obligations under our agreement with you are personal to you and may not be assigned, transferred, charged or otherwise dealt with by you without our prior written consent. You acknowledge and agree that we may without your consent assign, transfer or charge all or part of our rights, interest or obligations under our agreement with you to any Person including (without limitation) any Person in which any of ISSL has an interest whether by way of ownership or control, (in whole or in part, direct or indirect) or to any purchaser of the whole or part of any interest in the Network and that no such assignment, transfer or charge shall prevent us from exercising any rights or claiming the benefit of any or charge shall prevent us from exercising any rights or claiming the benefit of any exclusions, limitations, indemnities or other protection's under our agreement with you.

The agreement governed by these terms & conditions shall bind and benefit:

(a) the partners of ISSL and their respective successors and assigns jointly and severally;

(b) each Person named as customer and his or her successors and where there is more than one Person named as customer those persons and their respective successors jointly and severally.

No failure, delay or indulgence on our part in exercising any power or right conferred on us under these terms & conditions or otherwise shall operate as a waiver of such power or right, nor shall any single or partial exercise of such power or right preclude any further exercise of a power or right.

Each part of these terms & conditions is severable from the remainder of these terms & conditions and if any part of these terms & conditions is illegal, void, invalid or unenforceable, then that will not affect the legality, effectiveness and validity or enforceability of the remainder of these terms & conditions.

Where you give us notice otherwise than in writing we may take reasonable steps to verify the subject matter of your notification verify the subject matter of your notification before acting on it.

GENERAL

All notices under the agreement between the Company and the User shall be sent by post or facsimile or electronic mail:

(a) (In the case of the User), to the physical addresses, telephone number or electronic mail addresses as recorded by the Company; and

(b) in the case of the Company to Internet Supply & Service Ltd, P.O.Box 3239 Onekawa Napier, Telephone (06)843-4868 Fax (06)843-0414

These Terms and Conditions shall be governed by New Zealand Law. All disputes arising from or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the competent court in New Zealand.

If any of these Terms and Conditions, not being of a fundamental nature, is held to be illegal or unenforceable, the validity and enforceability of the remainder of the Agreement shall not be affected.

Failure by either party to exercise any right or remedy under this Agreement does not signify acceptance of the event giving rise to such right or remedy.

The User acknowledges and warrants that it has not entered into this Agreement in reliance upon any warranty or representation made by the Company, and this Agreement contains the entire understanding of the parties to the exclusion of any and all prior or collateral agreement or understanding whether oral or written.

I certify that the information on this New User Application form is true and correct to the best of my knowledge. I confirm that I have read the Terms and Conditions on this New User Application and I agree to them.