All services are provided on an “as is, as available” basis. As a reseller of Vocus/2degrees online services, Hyperline gives no warranty, express or implied, for the services provided, including any reimbursement for losses due to disruption of services by Hyperline or its providers for any amount greater than the fees paid by the customer to Hyperline for the services. The customer irrevocably waives all rights to claim reimbursements for any losses, including but not limited to lost business income as a result of interruptions to services provided by Hyperline. The customer warrants to Hyperline that they will use the services provided by Hyperline in a manner consistent with the laws of New Zealand and any local laws to which the customer is subject in their use of the internet. The customer further indemnifies Hyperline against all liability for the illegal use of the internet and any criminal, civil, or other sanctions which may result from the illegal use of the internet in any and all jurisdictions in which the customer operates using Hyperline’s network in any way. You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993 unless you use or hold yourself out as using the services for the purposes of a business. While we take all reasonable security precautions, the nature of telecommunications and email services means that we cannot guarantee the confidentiality of any calls or transmissions you make using our services. We may vary the service or price from time to time or decide to stop providing a particular service. We will notify you via email prior to making a variation to your service.
All invoices for your service will be delivered to the email address on your account via Xero invoicing. Hyperline accepts no liability for disruption to services due to the inability to contact the customer. It is the customer’s responsibility to provide Hyperline with a valid and current email address that allows emails from Hyperline to get through their spam filter. Hyperline retains the right to refuse service to anyone at any time for any reason. Your first invoice for your Hyperline service will be generated upon receipt of your order. This invoice is due immediately before any service is provisioned. If any invoice falls overdue, it will be subject to a late payment fee of $15 per invoice. Hyperline does not provide refunds for any service purchased by the customer unless in the case where Hyperline is unable to provide the service ordered. You are responsible for any costs incurred to Hyperline or any of its assigned agents in the recovery of any debt, including but not limited to; debt collection costs, travel costs, process serving costs, and legal costs.
You must have the authorization of the current broadband provider account holder to sign up for a Hyperline service. You must supply current supplier information such as your phone number, account number, and provider name as required. In the event of transferring internet services to Hyperline, please do not terminate the internet service before Hyperline transfers your internet connection. It may take up to 10 business days before your internet connection is established. Please check with your current provider on conditions and early termination fees surrounding the termination of your service before signing up. Hyperline will not be liable for any early termination charges from previous providers. The day you sign up is the start of your billing period. If you are not connected for up to 14 calendar days after the signup date, we will not refund these 14 calendar days or change your start of billing date. LFC Supplier charges will apply at the prevailing rate for any additional services supplied such as wiring, technician visits, and other such work conducted by Telecom or its subsidiary companies or contractors in relation to the provisioning, management, or troubleshooting of services supplied where not set in our service fees listing. All services come with no performance guarantees or service availability guarantees. After an invoice has fallen overdue for 14 days, your service will be terminated. At which point, your connection will be subject to reconnection fees and all debt collection costs.
Fair Usage Policy for Unmetered connections: For connections without a data limit, you are permitted to utilize as much internet data as you please providing it doesn’t affect other customers on our network. These measures are put in place to ensure every customer has a fast and reliable internet connection. If Hyperline and our partner 2degrees suspects “foul play” or your connection is affecting other customers, we may also contact you to advise a desired resolution path.
This contract may be terminated by Hyperline without cause, by giving the customer notice. No refunds for the remaining service period will be provided if a cancellation occurs before the customer’s next billing due date. Hyperline may, at its sole discretion, cancel an account at any time if, in its opinion, the customer has failed to abide by this contract or the Acceptable Use Policy or any other policy relating to Hyperline’s operations and any future policy or change of policy which is determined as being necessary at the sole discretion of Hyperline. In such case, Hyperline shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and legal fees.
In relation to the use of a particular amount of bandwidth, upon purchase of a service through Hyperline, the customer agrees to abide by the appropriate Acceptable Use Policy. Our partner 2degrees maintains control of all IP numbers and addresses that may be assigned to the customer and reserves the right to change or remove any and all IP numbers and addresses to the customer’s service.
It is Hyperline’s intent to provide its customers with good quality services where reasonably possible. Without prejudice to or derogation from any of its general rights of termination, as provided herein, Hyperline reserves the right to immediately terminate without notice, any service provided to the customer which violates this Acceptable Use Policy. The customer agrees that they will not undertake any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting, or disseminating information, data, or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense. Violate the law of any foreign state or in particular the laws of the country in which the customer resides. Impersonate any person, entity or which in any way constitutes or encourages conduct that would constitute a criminal offense.
Hyperline may vary the Charges at any time:
Hyperline and our partners reserve the right to disclose information about the customer as requested for lawful purposes by third-party organizations. This disclosure is without limiting the total scope of what Hyperline may disclose. Hyperline will disclose information in the following circumstances: Where Hyperline is required to do so by law. For the purpose of the transfer of a business asset. To enforce or apply its services and other contracts, or protect rights, property, or safety of Hyperline, its users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. From time to time, Hyperline will collect information entered through our website, given by telephone, or through email. For billing purposes, Hyperline will also collect credit card information via our credit card merchant gateway provider (Stripe and/or Paystation) and billing addresses. The customer agrees to allow Hyperline to collect and hold this information for relevant business purposes. The customer agrees that Hyperline may use personal information to contact them by email concerning the use of its services and other promotional marketing materials regarding Hyperline’s business services.
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