TERMS AND CONDITIONS FOR REGISTRATION WITH FREENET

INTRODUCTION

These terms form part of an agreement under which we agree to provide Internet access and related services for you. In these terms:

· "we" or "Freenet" means Compass Communications Limited trading as Freenet, providing Internet access and other Internet based services;

· "you" means you, our customer

· "Service" means any goods or services of any kind forming part of our Internet access and access-related services.

· First use of the Services shall constitute acceptance and completion of this Agreement (“Agreement”).

1. GENERAL USE

· These terms and conditions apply to the private use of our services.

· If you use our service as a ‘leased line’ or permanent connection (whether for personal or business use) we may restrict or suspend service without notice because this use creates an undue load on our system resources and may jeopardize the quality of service for other Customers.

2. RESPONSIBILITIES OF FREENET

· We will provide the Service with reasonable care and skill. We will use all reasonable efforts to ensure that the Service is reliable at all times.

· We reserve the right at our absolute discretion to make use of any third party to supply any of its Service.

· No agent or representative is authorised to make any representations, statements, conditions, agreements or publish in a website not expressed by us in writing, nor are we in any way bound by any such unauthorised statements.

· We will make genuine and commercially reasonable efforts to make the services you have subscribed for available to you 24 hours a day (other than on a permanent connection basis) and, if the system malfunctions, to restore those services as soon as reasonably possible.

· Should Freenet, in spite of its efforts, be unable to provide or restore the service (even if the failure is our fault) it is not liable to you. The reason for this is explained in the section entitled "Limits on our Liability".

. Freenet maintains a policy of ensuring that its limited network resources are shared equitably between all of our customers. Accordingly Freenet reserves the right to restrict download speeds and / or dial in access to certain users who have been identified as putting a disproportionate load on the network.

3. USE OF INFORMATION AND CONFIDENTIALITY

· You authorise Freenet to collect, retain and use any information about you for the purposes of performing its Service in terms of this Agreement. Freenet may also use the information we collect about you for the purposes of checking your creditworthiness and to compile a mailing list to introduce new services to you and send you newsletters and other product offers.

· Where the Customer is a natural person the authority under clause 3.2 is an authority or consent for the purposes of the Privacy Act 1993.

· Freenet may refer to you as a user of the Service but otherwise all terms and conditions of this Agreement shall be kept confidential both by you and by Freenet.

· You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You may change your password at any time by following the online instructions.

· We will take reasonable commercial efforts to protect your confidentiality. However, you should assume that your use of our services is not confidential. If we consider, at our discretion, that your use of Freenets’ Service is defamatory, contrary to accepted community standards or illegal, you acknowledge that we have the right to disclose those activities to any person including the news media and the police.

4. CHARGES

· Freenets’ charges and the basis of those charges for the Service are set out in the payments section of the web site. This may be subject to change from time to time. Unless specifically stated to the contrary, Freenets’ charges are GST inclusive and you must pay any GST payable on the charges invoiced.

· We will send you an invoice for all Services provided to you and have been recorded by Freenet as being chargeable to you. Invoices and supporting documentation will be sent in electronic form to your last known email address.

5. PAYMENT

· Payment for Service shall be made in full without deduction, set off or withholding whatsoever on or before the Due Date as specified on the invoice.

· If you fail to make payment to Freenet for any Service(s) by the Due Date, we reserve the right to suspend provision of that and any other Service(s) without notice.

· Any expenses, disbursements or legal costs incurred by Freenet in the enforcement of any rights contained in this Agreement shall be paid by you, including any reasonable solicitor’s fees or debt collection agency fees. In addition, we may require a deposit from you as a condition of lifting any suspension imposed under this clause.

· All payments made are non-refundable in the event of cancellation. This includes and is not limited to set up and usage fees paid in advance.

6. LIABILITY

· You use Freenets’ Service at your sole risk. We do not guarantee that your service will be uninterrupted or error-free.

· We provide the Service to you on an "as is" basis without warranties of any kind, either express or implied.

· In particular, we are not liable to you – whether in contract or tort or under any other legal principle – for any direct or indirect losses or damages of any kind. These damages include but are not limited to loss of computer or software failure or malfunction or any other damage or loss. Your exclusive remedy against Freenet is to cancel subscription.

· Where any Service is acquired for business purposes, you acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to the provision of that service.

· No representation, condition, warranty or promise expressed or implied by law or otherwise applies to services except where expressly stated in this Agreement.

7. RESPONSIBILITIES OF CUSTOMER

You agree to:

· Pay Freenet all charges that are invoiced to you by Freenet on or before the Due Date.

· Ensure that all information about you is accurate and up to date and maintain the security of the account and password.

· Use the Service for the purpose(s) for which they are provided and in accordance with Freenets’ instructions.

· Accept liability for and indemnify Freenet against any costs, expenses or damages incurred by Freenet as a result of you failing to comply with the terms of this clause.

· Accept responsibility and liability for any use of our Service by you, or your assignees as well as any third party, whether authorised by you or not and you shall indemnify Freenet from any loss, damage, liability or expenses incurred by the use of your account arising from the use or attempted use of the Service.

· Accept these Terms and Conditions from the date this Agreement is entered into and first use of service shall constitute acceptance and until this Agreement is terminated in accordance with the provisions of clause 11 herein.

· Not to cause or help to cause the security or integrity of this or any other linked computer system to be compromised whether by way of hacking, introducing harmful code or in any other way.

· Agree to be a responsible citizen of the Internet. This means that you must respect the privacy of other Internet users. If you do not comply with this requirement, Freenets’ service may be restricted or suspended without warning.

8. DISPUTED ACCOUNTS

· If you wish to dispute any item appearing on an invoice rendered by Freenet, you must email to Freenets’ Customer Services and seek resolution of the disputed amount within 30 days of invoice date. You must pay any undisputed amount by the Due Date. If, having reviewed the invoice, we agree that there has been a mistake, the mistake will be corrected as soon as reasonably possible. If we find, on review of the invoice, that there is no mistake, you must pay the outstanding sum immediately on being notified of Freenets’ finding, or on or by the Due Date, whichever is the latter.

9. JURISDICTION

· The law of New Zealand shall apply to this Agreement.

10. ENTIRE AGREEMENT, VARIATION AND NON-WAIVER

· This Agreement contains all of the terms, representations and warranties made between Freenet and you and supersedes all prior discussions and agreements covering the subject matter of this Agreement.

· No variation or waiver of any provision of this Agreement shall be recognised or binding on Freenet unless it is in writing and published on the Freenet website.

· Failure by Freenet to enforce any of the terms and conditions contained in this Agreement shall not be deemed to be a waiver of any of the rights or obligations Freenet has under this Agreement.

· If any provision of this Agreement shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

· Terms and Conditions may be changed from time to time. The new Terms and Conditions will be posted on the web site.

11. CANCELLATION

You or Freenet may cancel this Agreement at any time upon either party giving thirty days written notice of its intention to do so. You shall be liable to pay any charges, as specified for that service, for the duration of the contact.

We reserves the right to terminate this Agreement immediately if any of the following occurs:

· You breach any term of this Agreement (including terms relating to payment or use), which is incapable of being rectified or which is not rectified within seven (7) days of written notice or email being given to you by Freenet.

· Termination of the Agreement by Freenet in this way shall not affect the rights or obligations of the parties in relation to any Services provided up to the date of termination.

· Any cancellation or suspension under this clause shall not affect Freenets’ claim for money due at the time of cancellation or suspension or for damages for any breach of any terms of this Agreement or your obligations to this Agreement.

12. ASSIGNMENT

· You shall not assign all or any of your rights or obligations under this Agreement without the written consent of Freenet.

· We reserve the right to assign the rights under this Agreement without the written consent from you.

13. NOTICES

· Any notice given pursuant to this Agreement will be deemed to be validly given if personally delivered, posted, forwarded by facsimile to the address of the party to be notified or forwarded to your last known e-mail address.