1. Our agreement
These Greenfields Customer Terms and Conditions (“Customer Terms”) apply to all of the goods, products, or services of any kind of Greenfields Internet Limited (referred to in these Customer Terms as “Greenfields”, “we”, “us” or “our”) provides.
If you have a Greenfieldsinternet connection then you will need to read these Customer Terms which govern our contractual relationship with you for the provision of Greenfieldsinternet (the “GreenfieldsInternet Service(s)”) on our network.
The GreenfieldsInternet Services are provided to you for your own legitimate uses as described under these Customer Terms.
2. The Greenfields Internet Services are described in:
these Customer Terms (which describe, for example, any service limitations and what charges may apply);
theGreenfieldsinternetour services pages, as set out on our website (describing the Service); and
the “frequently asked questions” about Greenfields on our website (describing the Service).
Together these make up the “Service Description” for GreenfieldsInternet Services. Links to the pages on our website which set out more detail about the features, prices and other matters about our Greenfields Services are underlined above.
3. Changes to these Customer Terms and our charges
We may change these Customer Terms by changing or removing existing terms or by adding new ones at any time. Changes may take the form of completely new terms. If we consider that any change will have a material detrimental effect on you we will give you at least 10 working days’ notice of the change. In all other cases we will try to give you notice of any change and/or publish the change on our website. Your continued use of our services after changes have been notified to you in this way indicates your acceptance of those changes.
We may also change our charges from time to time. Where we increase any charges for any of the GreenfieldsInternet Services, we will provide you with a minimum of 10 working days’ notice or wherever possible one month’s notice of these changes. We will not change any charges during your initial 12 month contract term.
We may also decide to stop providing any, or any part of, our services to you. If we do this, we will try to give you a minimum of 10 working days’ notice or wherever possible one month’s notice before we stop providing the Service. The agreement you have with us will remain in place.
4. Getting set up
Customers wishing to sign up to Greenfieldsinternet must complete the online sign-up form found under the join us tab at www.greenfields.net.nz.
5. Connection and availability
GreenfieldsInternet 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 GreenfieldsInternet, even where GreenfieldsInternet is available in your area.
6. Connection and installation
You will require a GreenfieldsInternet connection, which we give you for an installation fee. Our standard connection requires a home visit.
In some cases you will require a non-standard installation to use the Greenfields Service and there may be additional charges for this. A technician approved by Greenfields will visit your home to carry out the installation to get GreenfieldsInternet working at your place. We will let you know ahead of time if there is likely to be additional costs, and an estimate of the cost. We reserve the right to reject orders for non-standard installations on a case by case basis.
Other points to note:
If, despite our reasonable efforts, your GreenfieldsInternet installation fails (e.g. the technician is unable to get the service running), any equipment may remain at your premises and you will not be charged for the installation.
If you decide to cancel your GreenfieldsInternet order, through no fault of ours or the installer, after we have accepted your order and have been provided an installation date, we may charge you a cancellation fee. This will not apply where you do not agree to any additional work or costs for a non-standard installation.
Greenfields Internet is not available in all areas and speeds do vary. Factors which impact on speed include, your computer’s capability, internal wiring, Wi-Fi, 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 third parties that we use to provide the service to you.
We do not guarantee any speed nor do we guarantee our services are fit for any purpose other than internet connection.
For further information about how your internet speed is effected by these things, see our troubleshooting guide found in the frequently asked questions section of our website.
You will need a base station similar to a modem to use the GreenfieldsInternet Service. We provide base stations so you will not need to supply your own. The base station will at all times remain the property of Greenfields and Greenfields may elect to replace it at any time.
Note that you allow us reasonable access to retrieve any Greenfields supplied hardware upon cancellation of your Services and if you fail to do within 30 days from the last date Services were provided we may charge you an amount of $500. Greenfields at their sole discretion may elect to leave any hardware at your premises. At all times ownership of the hardware will remain with Greenfields.
Should you replace our base station with any other base station we are not responsible for your base station or guarantee that the service will work or be problem free (without limiting your rights under Consumer Guarantees Act 1993 and Fair Trading Act 1986).
We will initially set-up and configure your base station.
If you want your GreenfieldsInternet Service transferred to a new house, you will have to pay for any non-standard connection and installation required. We can not guarantee that Greenfields will be available at your new house.
9. Credit References
We may require you to provide credit references and other credit information from time to time and you authorise us to check your credit status with any credit reference agency. If you are unhappy with the result of any credit reference check you must take this up directly with the credit reference agency.
We may decline your application or terminate your connection at our discretion. Subject to applicable privacy laws, we do not have to disclose the reasons for our decision.
You may have to pay us a deposit before you can use, or continue to use, our services. We will notify you when this is required.
Charging for Greenfields is on a monthly prepaid basis. Your first payment will be taken from your nominated credit or debit card on the day of your connection in accordance with the plan you have signed up with, and on the first business day every month following. You first month’s payment will be prorated to account for the number of days remaining in that month.
For Example: If you connect with Greenfields on the 3rd of June, your payment for 3rd June-30 June inclusiverepresenting 28/30ths of a month will be taken on 3rd June. Your future payments will be taken on the first business day of each month, for 3rd March-2nd April will be taken on 3rd March.
If your payment fails (e.g. due to credit card expiry, no available funds etc) we will attempt to take payment 2 days later. If this fails, then your account will be suspended for 5 days, giving you an opportunity to update your credit card, but without access to the rest of the internet, before one final attempt will be made. If this also fails your Greenfields service will be disconnected. You will still be liable for all outstanding fees including any early termination fees.
11. Changing, withholding, suspending, restricting, replacing or terminating Services
We may, at our sole discretion, change, withhold, suspend, restrict, replace or terminate any of our GreenfieldsInternet 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 the user experience of the GreenfieldsInternet Services, or for any other reason we think makes it necessary or desirable to do so.
In most cases, normal charges continue to apply during the suspension or restriction of any GreenfieldsInternet Service.
Where we have changed or replaced an existing GreenfieldsInternet Service, your use of the changed or replaced GreenfieldsInternet Service will show your acceptance of it (and any terms and conditions relating to it), in place of the changed or replaced GreenfieldsInternet Service (and terms and conditions).
You acknowledge that we reserve the right to suspend, sign out, disconnect, terminate, or delete your GreenfieldsInternet accounts (including sub accounts) or any communication session for any particular GreenfieldsInternet Service that is “inactive” for a period of time. “Inactive” means that you have not used a particular GreenfieldsInternet Service for a period of time, as determined by us, in our sole discretion.
12. Ending the Agreement
You may terminate the agreement by sending a message through our form at https://www.Greenfields.net.nz/my_login and the agreement will end one month after notice period has been given.
If your services are provided under a fixed term contract, you may have to pay an early disconnection fee, details of which can be found on our website at https://www.greenfields.net.nz You may also be liable for charges in relation to any equipment that has been provided to you by Greenfields for the use of the Greenfields services. For services where there is no fixed contract term, or where the fixed term has expired, your service may be terminated by either of us, on giving the other one month’s notice.
In addition to our rights outlined above, we may terminate our agreement with you immediately without notifying you if we believe you have not met your obligations under these CustomerTerms. We may also suspend or terminate our agreement with you without notifying you in advance where:
* your use of our services is unusual
* you are, or are likely to become, insolvent or bankrupt or a receiver or manager is appointed over any of you assets or a resolution for liquidation is proposed or passed in respect of you
* the Greenfields Internet services are not available to you (for any reason)
Upon termination all payments due by you to us will be immediately due and payable, and you agree to pay Greenfields all such amounts immediately upon demand.
No refund is given on monthly fees paid in advance, where you terminate a service part way through the period for which you have paid.
Certain rights and obligations will continue after the termination of these Customer Terms. These include, but are not limited to, the payment of outstanding amounts and the return of any Greenfield’s equipment you may have.
We may terminate our agreement with you immediately if we believe you have not met your obligations under these Customer Terms. We may end our agreement with you for any other reason by giving you at least one month’s notice.
Upon termination all payments due by you to us will be immediately due and payable, and you agree to pay Greenfields all such amounts immediately upon demand.
13. Our disclaimers relating to Internet
Availability of GreenfieldsInternet Services
The configuration of your computer, device, systems server or other communication equipment (“Systems”) you use to receive our GreenfieldsInternet Services may affect, not only your use of our GreenfieldsInternet Services, but our provision of it. For example, certain SMTP service configurations leave you vulnerable to relaying spam; spam may overload our systems.
Our GreenfieldsInternet Services will only be delivered to your relevant Systems when you have the required connection to receive the GreenfieldsInternet Service and will be subject to any service availability limitations and any functionality limitations of your Systems.
We do 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 GreenfieldsInternet Services we provide to you.
You acknowledge and agree that we will not be held responsible in any way for the content, information or other material accessed or provided by means of our GreenfieldsInternet 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 GreenfieldsInternet Services.
We have not reviewed all or any of the sites linked to the GreenfieldsInternet Services and we are not responsible for the content of any of those sites.
Third party infrastructure, systems and services
The GreenfieldsInternet Services are partly delivered to you using other providers’ infrastructure and systems. We are not liable or responsible for anything which occurs as a result of other providers’ infrastructure and systems.
Many of the products and services offered for sale or advertised on, and much of the information provided in connection with, our websites and other services, are the products, services and information of third parties. Third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
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 GreenfieldsInternet Services. You should check with the third party supplier whether there are additional charges and terms which may apply.
14. Communication Services
If the GreenfieldsInternet 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 Customer Terms 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 Greenfields) 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. We reserve the right to terminate your use of and access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
15. Data usage
GreenfieldsInternet does not have data caps. However, the GreenfieldsInternet Service is only for residential or small business purposes. It is not intended for high usage business purposes, running server farms, or the like. We expect you to use the GreenfieldsInternet Services in a responsible and fair manner so that your use of the GreenfieldsInternet Services does not impact other customers. When using the GreenfieldsInternet Service you should take into account:
The effect your use of the GreenfieldsInternet Services may have on networks, equipment and other parties; and
Compliance with “netiquette” and internet conventions; and
The fact that such use must not interfere with the availability of any of the services to others or any other services offered by us and other internet providers and carriers to others.
Illegal Uses – You must not use the GreenfieldsInternet Services in ways that constitute criminal or civil breaches of any statute, regulations, government requirements or any other law (including general or common law) of any country. Those breaches include, without limitation, breach of intellectual property rights (such as copyright, trademarks, patents, trade secrets and confidential information); defamation; breach of obscenity laws and laws as to objectionable publications, such as pornography and hateful materials; fraud; theft; misappropriation of money, credit card details or personal information; breaches of privacy obligations; and breaches of trade practices legislation, examples of which are the Fair Trading and Consumer Guarantees Acts (New Zealand).
Security and Protection of the Network – You must not use the GreenfieldsInternet Services to breach, or attempt to breach, the security and operation of any network, equipment or any other system. This includes: hacking, cracking into, monitoring, or using systems without authority; scanning ports (including scanning for open relays); improper configuration of mail servers and FTP servers enabling distribution of spam or unlicensed material by others; interference of service to any user or network (or activities that might encourage such interference by others) including mail-bombing, flooding, deliberate attempts to overload a system and broadcast attacks; denial of service attacks or activities which might encourage denial of service attacks by others; unnecessarily excessive traffic (including excessive pings); distributing viruses, or other harmful material or software; any communications across the services which do not accurately identify (or disclose in a manner that is misleading) addresses, headers, names and other relevant details; and using our network in any way as a staging ground for any of those breaches or to disable or “crack” other systems.
Industry Codes – You must not use the GreenfieldsInternet Services in a way that breaches any material standard, code and content requirements produced by any relevant authority or industry body.
Threats – You may not use the GreenfieldsInternet Services to transmit content of a threatening nature including threats of death, physical harm and defamation.
SPAM – Sending spam is not permitted.
16. Technical requirements
Static IP addresses are not currently available with the GreenfieldsInternet Service.
Greenfields uses Carrier Grade NAT. This will not interfere with most uses of the internet, however a public IP address may be available upon request. There is currently no charge for this however we reserve the right to implement charging for this in the future.
17. Service Reliability
Greenfields is unable to provide specific performance guarantees, however we are committed to providing consistent and reliable internet services.
While we always strive to provide a consistent service, there are a number of factors that influence reliability of our GreenfieldsInternet 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 GreenfieldsInternet Services at any one point in time.
As the GreenfieldsInternet 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 GreenfieldsInternet Services.
GreenfieldsInternet Service is not designed to support commercial grade use and quality of service (QoS) for VoIP or similar services.
The stability and performance of your GreenfieldsInternet Service can be affected by a number of potential faults. A fault can commonly originate from the network, your modem, or your computer.
Support for Greenfields is online, SMS texting or 0900 number only. The only number you can call us on is our 0900 number for which charges will apply.
Faults can be raised by sending a message to our email
You can text us at 473 (GRE). Your SMS rates will apply (we recommend this)
by calling 0900 47336(GREEN). A fixed charge per call regardless of duration will apply.
The business hours and response times for our fault desk can be found on our contact us page.
19. Compensation and Liability
The Consumer Guarantees Act 1993
As a consumer customer you have rights under the Consumer Guarantees Act 1993 and this clause does not alter those rights. However, if you use our services for business purposes (or have told or represent to us you will do so) then you agree that that Act does not apply to the Services we provide you.
Except to the extent specifically stated in these Customer Terms or by law, Greenfields and any of our related companies (“related company” has the meaning set out in section 2(3) of the Companies Act 1993) and our and their respective officers, employees, contractors, agents and suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful features, or accuracy of information, the services or other materials provided to you, which are provided “as is” without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement of the rights of any third party.
Disclaimer and exclusion
To the fullest extent permitted by law, you agree that Greenfields will not be responsible for unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of the GreenfieldsInternet Services or our websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You also agree that Greenfields is not responsible for any content sent using, or included in, our GreenfieldsInternet Service or websites by any third party.
To the fullest extent permitted by law, in no circumstances (including those circumstances set out above) will we be liable to you or any third parties for any loss of data, revenue, profits or lost business or any indirect, incidental, consequential, special, punitive or exemplary damages or losses which you may incur as a result of anything we have done or not done, or otherwise in connection with Greenfields, the GreenfieldsInternet Services, the internet or communications network generally, or your use of any of them, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of damage or loss.
To the extent you incur actual and reasonable out-of-pocket expenses (of a nature not expressly excluded in the above provisions) as a direct result of us failing to meet our obligations to you, we will refund those expenses to you up to a limit of the lesser of:
an amount equal to our average monthly charge for the affected GreenfieldsInternet Service or for the separately identifiable component of a service (if only a component rather than the whole service is affected) over the previous six month period from the date on which our failure first occurred; and
the maximum amount set out below in this clause 19, and
To be entitled to the remedies set out in this clause 19, you must give us details of our failure and provide satisfactory proof of the expenses you have incurred as a result of our failure within three months of the date on which our failure first occurred.
No other remedy
You agree that this clause 19 sets out your sole and exclusive rights and remedies against Greenfields, any of our related companies, our and their respective officers, employees, contractors, agents and suppliers in relation to any claims brought by you or any third party, whatever you are claiming for and however liability arises or might arise (whether out of contract, tort (including negligence), equity, breach of statutory duty or otherwise) and that none of us or any of them will be liable for any additional amounts or other forms of compensation, damages, loss, or expenses whatsoever.
If we cannot rely upon the limitations, disclaimers and exclusions set out above, then the maximum combined amount we and any of our related companies, our and their respective officers, employees, contractors, agents and suppliers will have to pay to you and anyone else who uses Services we provide for you whether under your account, or otherwise (together) whatever you are claiming for and however liability arises or might arise (whether out of contract, tort (including negligence), equity, breach of statutory duty or otherwise) is:
$5,000 for any event or for any series of related events;
a total of $10,000 in any twelve month period.
If we are prevented from carrying out any obligation in these Customer Terms by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of these Customer Terms will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist.
20. Information about you
Your use of the GreenfieldsInternet Services involves the collection by us of personal information about you, such as your email address, name, home or work address or telephone number. We may also collect demographic information, such as your age, gender, preferences, and interests. Information collected by us may be combined with information obtained by our related companies.
This information is used by us for the operation of the GreenfieldsInternet Services, to maintain quality of the GreenfieldsInternet Services, to provide general statistics regarding use of the GreenfieldsInternet Services and to assist us to deliver customised content and advertising to our customers.
Where possible, information will be obtained directly from you, but otherwise it may be provided from others (with your consent), or generated within or by the systems used to provide our GreenfieldsInternet Services.
You may decide not to provide information to us. However, if you do not provide it, we may not be able to provide our GreenfieldsInternet Services to you.
You may ask to see any information we hold about you and we will provide it as long as we have such information and can readily retrieve it. You may also ask us to correct any incorrect information we hold about you. We may charge you for the reasonable costs of retrieving and providing this information.
We may occasionally monitor telephone calls between existing and new customers and our personnel to help train our personnel to provide better customer service. We may also monitor communications between our customers and third parties to maintain and support our systems and to safeguard the security and integrity of our services.
We may provide your personal information to our related companies, our contractors, credit reference and debt collection agencies, communications network operators and selected business partners to:
Provide our GreenfieldsInternet Services for you and others
Recover money you owe
Keep you informed of and conduct, sales and marketing activities in relation to services available to, or planned for, you from us and other people
Exercise any lawful right we or any of our related companies, our contractors, credit reference and debt collection agencies, communications network operators and selected business partners has.
Although we may publish aggregated information relating to your use of the GreenfieldsInternet Services, such as usage patterns, we do not disclose information in a form that could reasonably be expected to identify you, without your prior permission.
Personal information collected in relation to your use of the GreenfieldsInternet Services may be stored and processed in New Zealand or any other country in which we or our related companies or agents maintain facilities, and by using our GreenfieldsInternet Services, you consent to any such transfer of information outside of New Zealand.
Disclosure of information
We may disclose information about you or your use of our websites and/or services without your prior permission if we have a good faith belief that such action is necessary to:
Conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law
Protect our rights or property or those of our related companies
Enforce our Customer Terms
Act to protect the interests of our, or our related companies, customers or others.
We do not sell, rent or lease our visitor or customer information to third parties.
21. Sending notices
We may send you notices by sending you a text, by emailing or writing to you, by calling you, by publishing the notice on our website or by issuing a public notice in the major newspapers.
22. Meeting our responsibilities through agents and service providers
We may have any related company or an agent approved by us or any service provider approved by us perform any of our rights and obligations under this agreement. In that case, each of those companies or agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of this agreement which confer benefits on us.
23. Transferring our responsibilities
We may transfer to someone else all or any part of our side of the agreement you have with us. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person. If you are a business or company and your effective management is changed in any way, this will be treated by us as a transfer of this agreement and we will be entitled to end it.
Each term of this agreement is separately binding. If for any reason any term is not legally effective all other terms shall remain binding and we can replace the term that is not legally effective with a term of similar meaning that is lawful and effective.
A failure or delay by you or us to enforce any rights or powers under this agreement shall not operate as a waiver of that right or power. A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or subsequent breach.
26. Governing Law
This agreement is governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of it.
For more info, email firstname.lastname@example.org
For faults, free text 473 or email email@example.com