Broadband Customer Terms and Conditions

Updated: 16 September 2019

The following Terms apply to our residential customers who have a Just Internet broadband product or service with us (in other words, internet at your home) (the Just Internet "Broadband Service(s)" or the Just Internet "Broadband Product(s)"). These Terms apply together with the Residential Customer Terms and Conditions, which also apply when you have a broadband Service from us (Just Internet broadband being a Service for the purpose of those Terms). These Terms will prevail to the extent that they are inconsistent with the Residential Customer Terms and Conditions.

Fibre Broadband customers

You agree at the time you accept these terms and conditions, that you will be bound by your Local Fibre Company's (LFC) End User Terms, which relate to the provision (including installation) and use of that part of the LFC's network which is located on your premises. We will advise you who your LFC is at the time of placing your order for Just Internet Fibre Broadband. Your LFC's current End User Terms can be found here.

In addition to any Just Internet terms and conditions that apply to you, you agree that you will be bound by the terms of the Fibre company engaged to carry out the fibre installation at your address. The Fibre company will provide you with a copy of its terms and obtain your agreement to them before fibre is installed at your address.

Just Internet's Fibre Broadband product terms apply to the Fibre Broadband service and prevail in relation to that service to the extent that they are inconsistent with these Terms.

1. These Terms

The Just Internet Broadband Services are described in:

● these Terms (which describe, for example, any service limitations and what charges may apply);

● the Just Internet broadband product page for each Just Internet broadband package, as set out on our website (describing the Service); and

● the "questions about Just Internet broadband" pages on our website (describing the Service).

Together these make up the "Service Description" for Just Internet Broadband Services. Links to the pages on our website which set out more detail about the features, prices and other matters about our Broadband Services are subheadings under the broadband terms tab. Prices for the various Just Internet Broadband Services and packages are also shown on the broadband web pages on our website.

2. Getting set up

Connection and availability

To use Just Internet Broadband Services, you must have a Just Internet account.

Just Internet broadband is not available in all areas. Occasionally factors like the distance of our equipment from a particular site or address mean we are unable to deliver Just Internet broadband, even where Just Internet broadband is available in your area.

Connection and installation

Fibre Broadband

Standard Fibre installation will include the work needed to connect your home to the Fibre in your street. You will be advised of any applicable charges prior to you agreeing to the commencement of any installation work. This includes installing and connecting:

● the Fibre cable from the street (up to 200m) through your home;

● the External Termination Point (ETP)

● the Optical Network (ONT); and

● the Fibre Enabled Modem (RGW)

A non-standard installation will require additional charges. You will be advised on the charges that apply to your specific installation prior to the commencement of any installation work. Non-standard installations include:

● if your house is more than 200m from the Fibre access point on the street

● if your RGW is installed at a separate location to the ONT and additional wiring is required

Other points to note:

● There is a possibility that activation of your Just Internet broadband account may result in you experiencing a temporary loss of your Just Internet landline. If this does occur, normal service is usually resumed within a few hours.

● If, despite our reasonable efforts, your Just Internet broadband installation fails (e.g. the technician is unable to get the service running), the Just Internet jackpoint and any other equipment will remain at your premises and you will not be charged for the installation.

● If you decide to cancel your Just Internet broadband order, through no fault of Just Internet or the installer, after you have accepted your order and have been provided an installation date, we may charge you a cancellation fee. This will not apply in the case of a non-standard installation where you do not agree to any additional work or costs.

Speed

Broadband is not available in all areas and broadband speeds do vary. Factors which impact on speed include how close your premises are to an exchange, your computer's capability, modem, connection and wiring, WiFi, interference from electrical devices, the location and quality of the websites you choose to view, and any software you may have downloaded (malicious or otherwise). The day-to-day performance will also be affected by the number of users in your household and also on our network or the network of 3rd parties that we use to provide the service to you.

If your average broadband speed is low (approximately one megabit per second or less) we do not recommend you purchase a plan with a monthly data allowance of more than 150 gigabytes. You can check your speed by going to our website and typing “test your speed” in the search box.

FibreBASIC has a different speed depending on your Local Fibre Company. Addresses in Whangarei, Hamilton, Whanganui, New Plymouth, Tokoroa, Hawera, Cambridge, Te Awamutu, Tauranga and Christchurch will have a Fibre service with the ability to deliver speeds up to 30mbps downstream and 10mbps upstream. The rest of NZ will have a service able to deliver up to 50Mbps downstream and 10Mbps upstream.

Modem

You will need a modem to use a Just Internet Broadband Service.

Fibre Broadband requires a Fibre enabled modem. Just Internet can provide you with a Fibre enabled modem called a Residential Gateway (RGW) for purchase. Information on current modem options, including price is available on our website.

You will own the modem (whether purchased from Just Internet or elsewhere) and Just Internet is not responsible for it (without limiting your rights under Consumer Guarantees Act 1993 and Fair Trading Act 1986). As a consumer customer under the Consumer Guarantees Act 1993, our goods come with guarantees that cannot be excluded under that law. For more information on your rights under the Consumer Guarantees Act 1993 see http://www.consumeraffairs.govt.nz/for-consumers/law/consumer-guarantees-act

Setting up your modem & PC and transferring to a new line

You can set-up and configure your modem and PC yourself, but you may request a technician approved by us to do this for you. If you do this, it will be at an additional cost that will be on your next Just Internet bill. You will be advised of any additional charges before you incur them.

If you want your Just Internet Broadband Service transferred to a new telephone line, you will have to pay for connection and installation. Current connection and installation charges are available on our website.

Billing

As a Just Internet residential customer, you won't receive a separate account for your Broadband Service - your charges for broadband will appear as part of your monthly Just Internet bill. Just Internet broadband usage charges are recorded in the 'rental and activity' section of your Just Internet account. Charges will include:

● any applicable one-off installation and modem charges;

● the Just Internet broadband or home package monthly fee (which is billed one month in advance); and

● if applicable, any additional data charges (billed one month in arrears).

For our current plans and charges please see our website.

Changing broadband plans

You can make one broadband plan change per billing cycle. The move to a new plan can take up to two working days to complete. If you do change plans, you will also see some 'part-monthly' charges on your next bill: a part-monthly credit for the plan you cancelled, and a part-monthly charge for the plan you moved to.

3. Exceeding your monthly data allowance

If you exceed your monthly allowance you will be charged in data blocks of 5GB each at $5 up to a maximum of $50 at which point you will receive no extra data charges until your next billing cycle.

4. Contract term options

You can choose a 24 month minimum term on all new Just Internet broadband connections. If your Just Internet broadband account is closed before the end of the 24 month period, you will have to pay an early termination fee of $399. This is a genuine pre-estimate of the loss that we will incur as a result of your broadband account closing early. However, you will not be required to pay an early termination fee if you are closing your broadband account early as a result of:

● any negative change we have made to these Terms; or

● an increase in the charges payable for your Just Internet Broadband Service, provided that such change was not a result of a change in the price from a supplier for an input required for your Just Internet Broadband Service; or

● a material reduction in the Just Internet Broadband Service.

5. Changing, withholding, suspending, restricting, replacing or terminating Services

There are certain things that despite our best efforts, we cannot guarantee or provide in relation to our Broadband Service. In some cases we may need to change, withhold, suspend, restrict, replace or terminate any of our Broadband Services where, for example, systems or the network are being maintained or otherwise worked on, unavailable or must be protected, to manage network traffic or access to network services (for example, to manage peer to peer traffic types), to improve functionality and attributes of the Broadband Services, or for any other reason we think is reasonably necessary or desirable to do so.

Where we have changed or replaced an existing Broadband Service, and we have to do this without providing you with prior notice of the change in order to protect our network, we will advise you of the changes and the impact on your immediately following the change. If acting reasonably you consider that the change has a negative impact on your use of the Broadband Services you can exercise your right to terminate these Terms.

You acknowledge that we reserve the right to suspend, sign out, disconnect, terminate, or delete your broadband accounts (including sub accounts) or any communication session for any particular Broadband Service that is "inactive" for a period of time. "Inactive" means that you have not used a particular Broadband Service or your broadband account for a period of time, as determined by us, when acting reasonably.

6. Our disclaimers relating to broadband

Availability of Broadband Services

The configuration of your computer, device, systems server or other communication equipment ("Systems") you use to receive our Broadband Services may affect, not only your use of our Broadband Services, but our provision of it. For example, certain SMTP service configurations leave you vulnerable to relaying spam; spam may overload our systems.

Our Broadband Services will only be delivered to your relevant Systems when you have the required connection to receive the Broadband Service and will be subject to any service availability limitations and any functionality limitations of your Systems.

Content disclaimer

Just Internet does not and cannot in any way supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Broadband Services we provide to you.

You acknowledge and agree that Just Internet will not be held responsible in any way for the content, information or other material accessed or provided by means of our Broadband Services. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Broadband Services.

Just Internet has not reviewed all or any of the sites linked to the Broadband Services and is not responsible for the content of any of those sites.

Third party infrastructure, systems and services

The Broadband Services are delivered to you using other providers' infrastructure and systems, for example, that of Chorus. We are not liable or responsible for anything which occurs as a result of other providers' infrastructure and systems.

We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Broadband Services. You should check with the third party supplier whether there are additional charges and terms which may apply.

Nothing in this clause 6 affects your rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 where services are acquired for personal, domestic or household use or consumption.

7. Changing to these Terms

We may change these Terms by changing or removing existing terms or by adding new ones at any time. Changes may take the form of completely new Terms. We will tell you about any changes by emailing or writing to you. We will tell you about changes to these Terms at least one month before they come into effect.

8. Communication Services

If the Broadband Services include email services, information services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"), you agree to use and access the Communication Services in accordance with these Terms, the Residential Customer Terms and Conditions and any applicable specific product terms, and only to upload, post, email, or otherwise transmit or access messages and material that are permitted in accordance with those terms.

You (and not Just Internet) assume the entire cost of any necessary verification, maintenance, repair correction and/or removal of any relevant Communication Service messages and material.

We are not under any obligation to monitor the Communication Services, but we reserve the right at all times to review messages and materials transmitted and accessed through a Communication Service and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code, or to edit, refuse to post or to remove any message or materials, in whole or in part, in our sole discretion, providing we will always act reasonably when exercising our rights under this clause . We reserve the right to terminate your use of and access to any or all of the Communication Services by telling you with as much warning as we reasonably can if we consider it reasonably necessary to do so, for example if the law requires us to do or if your use of the Communication Services is in a way which we reasonably believe is fraudulent or is illegal or likely to be found illegal.

9. Technical information and terms

Data usage

Data usage is based on the amount of data transferred through your Just Internet broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes (1000 Megabytes). This can include overhead data usage which is required for establishing and maintaining the connection. Any unused portion of your monthly data allowance will not be carried over billing period to billing period and will not be refunded.

You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus, including DOS attacks and any unauthorised usage and/or unrequested traffic. Remember, it is your responsibility to make sure you have sufficient security to meet your needs. For more information about internet security please visit our website.

Equipment

Just Internet Broadband Services can only be used on a computer that meets certain minimum system requirements.

Static IP addresses are only available and allowed to be used on selected Just Internet Broadband plans. Please refer to our list of plans for details on which plans apply and applicable monthly charges.

If you purchase a Just Internet broadband self-install kit, our undertaking to you is that each item in the Just Internet broadband self-install kit will operate in accordance with the published specifications and that we will, within a reasonable time, either provide repair, replacement (provide you with an equivalent kit) or adjustment services without charge to you to rectify any defect in material or workmanship in any item of the kit or pay for the cost of replacing or repairing the kit, or acquiring an equivalent kit.

However, other than your rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986, we will not have any obligation to repair, replace or adjust any item of the kit where:

● modifications, alterations, attachments or other work has been carried out to the kit;

● the kit has been used in combination with equipment, programs, accessories or services not supplied or authorised by Just Internet;

● there has been failure to observe Just Internet or the manufacturer's written instructions regarding the use, operating or environmental conditions for the kit; and/or

● there has been misuse, abuse, accidental damage or negligent use or operation of the kit.

Service Reliability

Just Internet is unable to provide specific performance guarantees, however we are committed to providing consistent and reliable Broadband Services.

While we always strive to provide a consistent service, there are a number of factors that influence reliability of our Broadband Services. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Broadband Services at any one point in time.

As the Just Internet Broadband Services can occasionally go down, you should take this into account when choosing this product and what you will want to use it for. We cannot guarantee how quickly we can arrange for resolution of any problems with the provision of our Broadband Services.

Just Internet broadband is not designed to support:

● Virtual Private Networks (VPNs)

● Two-way voice applications

● Two-way video applications

● Web servers

For these activities that Just Internet broadband does not suit, we encourage you to contact us at support@justinternet.co.nz to find out what alternatives are available.

Support

The stability and performance of your Just Internet Broadband Service can be affected by a number of potential faults. A fault can commonly originate from the network, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. There is no charge for fixing such faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer).

If we arrange for a service technician to visit your premises and the technician finds that there are no problems with the network, you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with your Just Internet Broadband Service, E-Mail us support@justinternet.nz.

10. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Just Internet Broadband Service, you acknowledge and consent to this.

11. No retention of data

The amount of email and data storage available to you on systems to provide you with Broadband Services is limited and some email or data may not be processed due to space restraints.

You agree that it may be reasonably necessary for us to establish limits concerning use of any Broadband Services including, without limitation, the maximum number of days that material will be retained, the maximum amount and size of material that may be sent from or received by an account in connection with any Broadband Services, the maximum disk space that will be allotted on servers on your behalf, either cumulatively or for any particular Broadband Service, such as for storing graphics or photographs, and the maximum number of times and duration you may access any servers in a given period of time. Where we change or introduce new limits we will give you as much warning as we reasonably can. If you do not agree to the limits you may exercise your right to terminate these Terms. If we and/or our partners or suppliers acting reasonably believe that these space restraints or limits are, or will be, compromised, and in order to protect our network or that of our partners or suppliers and the use of the Broadband Services for our customers then we and/or our partners or suppliers may delete any electronic mail message, information or data in any other form (together "material"), sent by you or addressed to you.

If any material is deleted and we are able to identify that you are the sender of the material or the intended recipient we will notify you as soon as we reasonably can. However, you acknowledge that in some cases we may not be able to identify individually impacted customers and in those instances we are not required to notify you or the sender of that deleted material.

Any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside the rights set out in these Terms, and are not affected or altered by them (including the exclusion of liability set out below).

You agree that Just Internet has no responsibility or liability for the deletion, corruption or failure to store any information, material or other content maintained or transmitted in connection with any of our Broadband Services.

Special Introductory Offer JI-Rural WIFI

Only available to new residential customers in range of the Otaua Wireless Site only.

Price offer is only valid until 30 September 2019, After this date the standard price of $99 per month will be applied to all new connections.

The fastest speed for Wireless is up to 20Mbps Download and 10Mbps Upload on a wireless connection. Speeds will vary. Your actual download and upload speeds can be slower than the nominal access line speed and may vary due to a range of factors. 

We aim to achieve the 20/10Mbps or there abouts consistently but from time to time this may not be achievable due to a range of factors including the weather.