Acceptance

Your registration of an Internet service account ("Account") with Compass Communications* ("Compass") and your access, connection and use of Compass’s Internet service ("Service") is subject to the following terms and conditions ("ISP Terms"), Internet Access Terms and Conditions, Acceptable Use Policy and all applicable laws. By accessing and using the Service you represent that you have read, understood and accepted these ISP Terms and agreed to be bound by them. If you do not agree to these ISP Terms please do not use the Service or register an Account.

Changes

Compass reserves the right, at its discretion, to update or revise these ISP Terms. Please check the ISP Terms periodically for changes. Your continued use of this Service following the posting of any changes to the ISP Terms indicates your acceptance of those changes.

Account, Password and Security

Upon registration of your Account, you will receive a username and password. You agree to keep your username and password confidential and to take all reasonable steps to prevent disclosure of your username and password to any person, other than members of your household or business who are considered authorised users. You are responsible for ensuring that all authorised users of the Account also meet the responsibilities and obligations set out in the ISP Terms, Internet Access Terms and Conditions, and Acceptable Use Policy.

You will be liable for all Charges resulting from use of the Service accessed though your username and password whether authorised by you or not. You agree to indemnify Compass for all claims, proceedings, damages, losses or expenses however incurred arising from the acts of any person accessing the Service using your username and password. Disclosure or loss of your username or password that results in the incurring of Charges or misuse of the Service is your responsibility and any such occurrence shall be immediately communicated to Compass.

If you send and receive more than 5 gigs of data over the course of a month, your service will be terminated with 5 days notice by email. If you establish a continuous dial-up modem facility that operates upon disconnection, you may have your account terminated. If you establish multiple simultaneous connections you may be charged for each connection or have your account terminated.

Payment

You agree to pay the Internet service charges ("Charges") as set out on the Compass’s Internet site ("Site"). In particular, you agree as follows:
Charges to our service will be due in advance for service plans, with additional hours beyond the service plan being charged in arrears. Payment may be made by direct debit or an approved credit card. You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees.

If your account is overdue for a period of 1 month, your account will be placed on hold, and access will be denied. If your account is overdue for two months it will be closed and your details referred to our debt collection agency without notice to you. Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you. Any charges incurred through the use of those services are payable by you whether you authorised them or not.

Charges are exclusive of taxes, duties and charges imposed or levied in New Zealand in connection with the supply of the Service. Compass reserves the right, at its discretion, to vary or change the Charges from time to time. Please check the ISP Terms periodically for changes. Your continued use of this Service following the posting of any changes to the ISP Terms indicates your acceptance of those revised Charges.

Promotional credits - where applicable - are awarded once your Compass toll account reaches $50 (incl. GST) in any given month. If your Compass toll account does not reach $50 (incl. GST) in any given month you will not receive the promotional credit of $5 (incl. GST) on your Internet account.

Your Responsibility To Compass

You are responsible for providing the telephone line, modem, computer, hardware, software and all other equipment required to access the Service and for all charges in relation to the above.

Our Service To You And Your Use Of The Service

You acknowledge that Compass does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Service and the Internet and Compass shall not be held responsible in any way for any content or information accessed via the Service. Furthermore, Compass disclaims all or any liability for any material on the Internet that you may find offensive, upsetting, defamatory, and personally offensive and in any way unsuitable for minors.

We will make genuine and commercially reasonable efforts to make the services you have subscribed for available to you 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible. As we do not own or control all the facilities and communication lines necessary for access and nor do we control your use of the service, we cannot guarantee that the service will be uninterrupted or error free. If in spite of our efforts, we cannot provide or restore the service (even if the failure is our fault) we are not liable to you.

Your service will be automatically disconnected after 3 hours of continuous use or after 15 minutes of usage being idle. You are not permitted to operate servers from the service and you are not permitted to on-sell this service without written approval from us. You are not permitted to send Spam or bulk mail using the service and we reserve the right to charge you a clean-up fee to rectify the result of such activity by you at a maximum charge of $200 per article.

Compass may shut down all or part of the Service for the purpose of maintenance, or approving the reliability of supply or for any other reasons.

No Liability

Your use of the Service is at your own risk. You agree that Compass is not liable for any damage or harm arising out of your use of the Service. You also agree that all warranties, conditions and representations in respect of the Service (expressed or implied) are excluded to the fullest extent permitted by law. None of Compass, any of its employees or agent, or any other party involved in providing the Service is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Service.

These ISP Terms apply to both business and private use of the Service. If you are not acquiring the Service for the purposes of a business (as defined in the Consumer Guarantees Act 1993) then the Consumer Guarantees Act 1993 applies and nothing in these ISP Terms limits your rights under it.

Suspension And Termination

Compass reserves the right to immediately suspend your access to the Service or terminate your Account, if:

• you fail to comply with any provision of the ISP Terms including without limitation, the non-payment of any Charges and any fees relevant to the connection, administration or usage of the Service by you;
• you misuse the Service;
• you fail to comply with the Internet Access Terms and Conditions and the Acceptable Use Policy.

Compass may also require you to pay a disconnection fee in respect of any action taken by Compass under this section.

You may terminate your Account at any time. If you terminate your Account before the 20th of the month, you will be charged up to the end of the same calendar month. If you terminate your account on or after the 20th of the month, you will be charged up to the end of the following calendar month. If you have registered for the Service but have not used it, you must still pay for the Service in accordance with these Terms and Conditions until such time as your Account is terminated.

Force Majeure

Compass shall not be liable for any failure or delay in performing its obligations under the ISP Terms if such failure or delay arises directly or indirectly from a cause reasonably unforeseeable or beyond Compass' control, including without limitation, acts of God, strikes; government restraint, prohibition, intervention or direction.

Assignment

Your rights and obligations under the ISP Terms, shall not be assigned, sold, transferred or otherwise disposed of in any way by you.

Sub-contracting

Compass may subcontract the performance of the ISP Terms or any part of the ISP Terms to any person and at any time without your consent.

No Waiver

Any delay, failure or forbearance by Compass to exercise (in whole or in part) any right, power or remedy under, or in connection with, the ISP Terms shall not operate as a waiver of such right, power or remedy. A waiver of any breach of any provision of the ISP Terms shall not be effective unless that waiver is in writing and assigned by Compass. A waiver over any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.

Entire Agreement

These ISP Terms, the Access Terms and the Acceptable Use Policy constitute the entire agreement between Compass and you and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing.

Confidentiality

You agree that the Internet is a medium, which lacks consistent security, and confidentiality and that we have the right to check your use of the system.

We will make reasonable commercial efforts to protect your confidentiality. However, you should assume that your use of our services is not confidential. If we consider in our discretion that your use of our services 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 police. Without limitation to the foregoing we can check your use of the system to ensure that your use is not breaching these terms and conditions or for assessing any charges which may be payable by you.

Use Of Personal Information

If you are an individual, when you complete your application for our services you authorise us and our agents, to collect information about you. We will use this information for statistical analysis and to provide services to you. You authorise us and our agents, to supply and disclose personal information as to your credit-worthiness and for us to forward information to an agent for collection of any amounts overdue.

Under the provisions of the Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing, which includes email. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred.

Governing Law

The ISP Terms is governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the Courts of New Zealand in respect of any dispute or proceeding arising out of the ISP Terms.