Legal – Vetta Online

Legal

Terms of Service

1. General Conditions

  1. All services are provided on an “as is, as available” basis.
  2. Vetta Online Limited gives no warranty, express or implied, for the services provided, including any reimbursement for losses due to disruption of services by Vetta Online Limited or its providers for any amount greater than the fees paid by the customer to Vetta Online Limited for the services. The customer irrevocably waives all right to claim reimbursements for lost business income as a result of interruptions to services provided by Vetta Online Limited.
  3. The customer warrants to Vetta Online Limited that they will use the services provided by Vetta Online Limited in a manner consistent with the laws of New Zealand and any local laws to which the customer is subject in its use of the internet. The customer further indemnifies Vetta Online Limited 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 Vetta Online Limited’s network in any way.
  4. 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.
  5. While we take all reasonable security precautions, the nature of telecommunications and email services means that we cannot guarantee confidentiality of any calls or transmissions you make using our services.
  6. 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.

2. Accounts

  1. All invoices for your service will be delivered to the email address on your account. Vetta Online Limited accepts no liability for disruption to services due to the inability to contact the customer. It is the customer’s responsibility to provide Vetta Online Limited with a valid and current email address that allows emails from Vetta Online Limited that can get through your spam filter, which is not at the domain(s) the customer is signing up under. Vetta Online Limited retains the right to refuse service to anyone at any time for any reason.
  2. Your first invoice for your service from Vetta Online Limited will be generated upon receipt of your order. This invoice is due immediately before any service is provisioned.
  3. If any invoice falls overdue, it will be subject to a late payment fee of 10% per invoice.
  4. Vetta Online Limited does not provide refunds for any service purchased by the customer, unless in the case where Vetta Online Limited is unable to provide the service ordered.

3. Internet Connections

  1. You must have the authorisation of the telephone account holder to signup to a service.
  2. You must supply current supplier information such as your phone number or account number as required.
  3. In the event of transferring internet services to Vetta Online Limited, please do not terminate the internet service before Vetta Online Limited transfers your internet port.
  4. It may take up to 10 business days before your internet connection is established.
  5. Please check with your current provider on conditions and early termination fees surrounding the termination of your service before signing up. Vetta Online Limited will not be liable for any early termination charges from previous providers.
  6. The day you signup 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.
  7. Telecom/Chorus 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.
  8. All copper, fibre and wireless services come with no performance guarantees or service availability guarantees.
  9. For wireless connections, any transmitters, receiver modules, reflector dishes and mounts remain property of Vetta Online Limited.
  10. At any point during your connection with Vetta Online Limited, if you are outside of Chorus’ urbanisation classification, you are liable for a $20 per month surcharge.
  11. After an invoice has fallen overdue for 14 days, your service will be suspended. If payment is not received within 24 hours after suspension, your connection will be disconnected and a $250 disconnection fee charged.
  12. Fair Usage Policy for Unmetered connections
    1. For connections without a data limit, you are permitted to utilise 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.
    2. For residential connections, and managed connections ordered before 1 March 2016, if your connection throughout is averaging over 10% of your maximum connection speed (based on 95th percentile algorithm average over a month), we may contact you to advise you to reduce your usage
    3. For managed business connections with a committed contention ratio (ordered after 1 March 2016), if your connection throughput is averaging over 20% of your maximum connection speed (based on 95th percentile algorithm average over a month), we may contact you to advise you to reduce your usage.
    4. If for any other reason, Vetta Online suspects "foul play" or your connection is affecting other customers, we may also contact you to advise a desired resolution path

4. Web Hosting

  1. Unmanaged web hosting plans are provided with limited support on an advisory basis, Managed web hosting plans are provided with full support on a basis that we will complete the task for you as long as it can be completed from within the cPanel interface, which includes remote support.
    1. On an unmanaged hosting plan, we will not provide support with:
      1. Website scripting errors
      2. Creation of files/email accounts/FTP accounts etc
      3. Website hacking diagnosis
      4. In-depth queries over phone support
    2. While Vetta Online maintains backups of accounts on our servers, this is given as a complimentary service to clients on an unmanaged hosting plan. If restoration of backups to an unmanaged hosting plan fail, Vetta Online is not liable for any lost data. We highly recommend that you maintain backups of your data.
    3. For reseller accounts, we will not support sub-accounts created by the reseller unless a managed service addon exists for that sub-account.
  2. Your first invoice for your service from Vetta Online Limited will be generated upon receipt of your order. This invoice is due immediately before any service is provisioned.
  3. If any invoice falls overdue, it will be subject to a late payment fee of 10% per invoice.
  4. Vetta Online Limited does not provide refunds for any service purchased by the customer after the initial 14-day “money-back guarantee” period. Downtime credits will be issued in the following blocks upon request via a support ticket; 99%-100%, no credit, 96%-98%, 25% monthly credit, 94%-96%, 50% monthly credit, 92%-94%, 75% monthly credit, <92%, 100% monthly credit. Monthly credit is one-time account credit determined by your monthly web hosting amount.

5. Domain Names

Where other terms in our Online Services Terms of Service conflict with this section 5, section 5 will prevail.

  1. We agree that we will:
    1. comply with all .nz policies and accurately represent these to you;
    2. disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
    3. comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
    4. process any new .nz domain name registrations with the registry within 3 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9am - 5pm, Monday - Friday and otherwise within 24 hours
    5. notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
    6. arrange for correction of any error in the information in the register about any domain name registered to you when requested;
    7. provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
    8. use your personal information only as authorised by you;
    9. take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
    10. comply with any order of any authority having jurisdiction regarding any domain name registered to you;
    11. use our best endeavours to deal with any complaints you may have about the services we provide for you.
  2. You agree that you will:
    1. comply with the .nz policies. You agree that you have read and understood the current policies;
    2. make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
    3. keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
    4. satisfy yourself that your use of a domain name will not infringe anybody’s intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
    5. ensure that you only use our services for a lawful purpose;
    6. ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
    7. ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
    8. protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
  3. Duties of Other Persons
    1. You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
  4. Registration of a Domain Name
    When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
    1. that the following information becomes available to any member of the public:
      - your name,
      - your contact details and
      - the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
    2. the domain name is registered in your name only because no other person has it according to the records of the register; and
    3. neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
    4. that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
  5. Register is the Record
    1. For all purposes the details shown in the register shall be treated as correct and the authoritative record.
  6. Exclusion of Liability
    We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of :
    1. InternetNZ, the registry and any other entity we are in any business relationship with;
    2. every officer, employee, contractor, agent of us or any entity in clause 6.1;
    3. anyone else we get to perform our duties under any agreement you have with us.
      None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
      This exclusion applies whatever you are claiming for and in whatever way liability might arise.
      This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
  7. Payment of Fees
    1. You agree to pay for the services we provide for you
    2. If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
    3. We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
    4. Our usual fees are for domain name registration. We may also charge for web hosting, DNS management, email hosting services and other related services which may be linked to your domain name as provided by us. We will tell you before any additional charge is incurred.
    5. Our domain name pricing is stated in New Zealand dollars and excludes GST.
  8. Suspension and refusal to supply services
    If you do not pay our charges for a domain name registered to you we may:
    • cancel registration of that domain name; or
    • refuse to provide a service you request.
  9. Cancellation of a Domain Name
    If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
  10. Limitation of our Liability
    We have excluded all other liability we or any of the persons specified in clause 6 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies. Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
  11. Law and Jurisdiction Applying to this Agreement
    Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 5.15 says otherwise.
    To the extent legally permitted:
    1. any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
    2. except as otherwise stated, you may take action against us only in a New Zealand court;
    3. where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
  12. Cancelling the Agreement
    1. We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
    2. We may end the agreement for any other reason by giving you one month's notice.
  13. More Than One Person
    You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
  14. Each Clause Seperately Binding
    Each clause of the agreement you have with us is separately binding.
    If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.
  15. Rights and Responsibilities that Continue
    The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 5.2, 5.5 - 5.11, 5.13 – 5.14, and this clause 15.

6. Termination

  1. This contract may be terminated by Vetta Online Limited without cause, by giving the customer notice.
  2. No refunds for the services remaining period will be provided if a cancellation is before the customer’s next billing due date.
  3. Vetta Online Limited 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 Vetta Online Limited’s operations and any future policy or change of policy which is determined as being necessary at the sole discretion of Vetta Online Limited. In such case, Vetta Online Limited shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and legal fees.
  4. The customer must give 30 days written notice via email or support ticket before cancellation of any service takes place. Where this 30 days notice is not received, Vetta Online Limited will be entitled to payment of the balance of the next billing period.
  5. Where a fibre connection has been terminated before the end of the contract with the Client has been reached, any costs incurred by Vetta Online Limited during the process of installation by your fibre provider (RSP) will be passed onto the customer.

7. Technical Issues

  1. In relation to the use of a particular amount of bandwidth, upon purchase of a service through Vetta Online Limited, the customer agrees to abide by the appropriate Acceptable Use Policy.
  2. Vetta Online Limited maintains control of all IP numbers and addresses that may be assigned to the customer and reserved the right to change or remove any and all IP numbers and addresses to the customer’s service.

8. Acceptable Use Policy

  1. It is Vetta Online Limited’s intent to provide its customers with good quality services where reasonably possible. Without prejustice to or derogation from any of its general rights of termination, as provided herein Vetta Online Limited reserves the right to immediately terminated without notice, any service provided to the customer which violates this Acceptable Use Policy.
  2. 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 offence.
    1. Violate the law of any foreign state or in particular the laws of the country in which the customer resides.
    2. Impersonate any person, entity or computer address, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar activity.
    3. Access any other person’s computer or computer system, software or data without their knowledge and consent; breach the security of another user; or attempt to negate the user authentication or security of any host, network or account.
    4. Interfere with the computer networking or telecommunications service to any user, host or network, including without limitation, denial of service attacks, flooding of a network, overloading a service and attempts to “crash” a host.
    5. Infringe any copyright, patent, trademark, trade secret or other intellectual property right registered in New Zealand, any other country or under an international agreement.
    6. Publish material which consists of any form of occult, illegal activities, racism and hate speech, violence, phishing, scams, plagiarism, hacking, stolen internet content, malware, spam URL’s or other unacceptable content as determined in the sole and exclusive discretion of Vetta Online Limited.

9. Privacy

  1. Vetta Online Limited reserves the right to disclose information about the customer requested for a lawful purpose by a third party organisation and without limiting the total scope of what Vetta Online Limited will disclose. Vetta Online Limited will disclose information in the following circumstances:
    1. Where Vetta Online Limited is required to do so by law.
    2. For the purpose of the transfer of a business asset.
    3. To enforce of apply its services and other contracts, or protect rights, property or safety of Vetta Online Limited, its users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
  2. From time to time, Vetta Online Limited will collect information entered through our website, given by telephone or through electronic mail. For billing purposes, Vetta Online Limited will also collect credit card information and billing addresses. The customer agrees to allow Vetta Online Limited to collect and hold this information fir relevant business purposes.
  3. The customer agrees that Vetta Online Limited may use personal information stored by Vetta Online Limited in order to contact the customer by electronic mail concerning the use of its services and other promotional marketing material regarding Vetta Online Limited’s business services, operations and products.
  4. The customer waives any right ti may have to claim against Vetta Online Limited, in relation to any possible breach of privacy related legal obligations. The customer warrants that they will take all necessary steps to protect their personal information from unauthorised access, including but not limited to, signing off after the use of a publicly shared computer.
  5. The customer warrants that they will provide accurate, timely and relevant information to Vetta Online Limited in relation to any matters which Vetta Online Limited may require for the purposes of updating information.

Last Updated: 15/12/2016

Security Vulnerability Disclosure Policy

Our security vulnerability disclosure policy is based on the NZITF Disclosure Guidelines.

We are committed to protecting our customers. If you are a security expert or researcher and believe you have discovered a security issue with one of our systems (this could be out website, network or other systems), we would appreciate your help in reporting the issue to us immediately so that we can resolve the vulnerability as quickly as possible.

We ask that we are given an opportunity to correct issues and vulnerabilities before any public disclosure is made. If you give us reasonable time to respond to your report, make a resolution to the security issue and make a good faith effort to avoid privacy violations, data destruction or interruption or degradation of our services during your research, we will not bring any lawsuit against you, or ask law enforcement to investigate you.

The best method of contacting our network operations and security team is via email to noc@vetta.online, or by calling +64 3 222 6200.

Data Security & Breaches

We are committed to protecting our customers and regularly perform security audits on our equipment and actively monitor any security breaches.

In the event that customer information has been leaked to any unauthorised third-party, we will inform affected customers via email or phone (as appropriate) as quickly as possible, and advise what remedial action is required to be taken to ensure our customers security.

Government Agency Customer Data Requests

From time to time, certain government departments, such as the GCSB or NZ Police are able to request information about our customers in our role as their ISP. This is an important collaborative step in order to ensure and maintain a safe and secure internet in New Zealand.

While we do not report in-depth on the requests which have been made to us, in the interest of transparency, we do publish live numbers on how many requests we have fulfilled

Below shows the calendar year and number of requests we have fulfilled:
2015: 0
2016: 1
2017: 1