Terms and Conditions

ACTRIX NETWORKS LIMITED TERMS AND CONDITIONS OF SERVICE

In these Terms and Conditions, "Actrix", "we" or "us" (and like terms) mean Actrix Networks Limited, and "you" (and like terms) means you, the customer.

Contents

General Customer Terms
General Principles
Terms and Conditions Binding
Your Information and Privacy
Payments
Security
Spam
Traffic (Volume) Based Rates
Web Site and Database Hosting (including User Homepage)
CyberJet/JetStream
Extended Reach Broadband
Domain Name Registration and Management
Actrix Homeline & Tolls
CA Security Suite
Internet Code of Practice

General Customer Terms

Your responsibilities

You agree:
That you are at least 18 years of age and that you are authorised and able to pay for the products and services to which you subscribe;

That you are responsible at all times for any use of the products and services you subscribe to, and you will ensure that anyone else who uses those products and services also abides by these Terms and Conditions;

To use the products and services for the purpose for which they are provided;

To ensure that none of our products and services are resold except with our prior written consent;

To comply with New Zealand law, and the laws of any other country that may apply. In particular, you agree not to use the products and services for any illegal, unlawful, or offensive act including:
  • Uploading or transferring any illegal or offensive material (including material that is injurious to others either through loss of dignity or physical harm);
  • Uploading, storing, or transferring any material that infringes copyright in a work without the permission of the copyright owner;
  • In any way causing, or helping to cause, the security or integrity of our or any other computer system to be compromised.
Not to use the products and services in any way which could adversely affect our ability to provide the products and services to you or to any other customer.

To be a responsible citizen of the Internet. In particular, you agree to respect the privacy of other Internet users, and that any messages you post to Internet forums (eg. newsgroups, IRC etc.) will be posted only to those groups which are within the topic of discussion;

To keep the e-mail sitting on our servers to a minimum. E-mail that is sitting on our servers when your account is closed will be deleted after 30 days;

To give us 30 days' written notice to close the account, or in cases where our wholesale provider requires, then the termination period required is at the end of the following month.  (you are responsible for all charges incurred, and anything done with the products and services to which you have subscribed, until the end of that notice period);

To provide reasonable access to our employees, contractors and authorised representatives to carry out any work required for the commencement and ongoing provision of our products and services to you, and for the maintenance of our network or the network of any other carrier;

To indemnify us against all costs, expenses, loss or liability incurred by us arising from any breach of these Terms and Conditions by you (other than a breach that arises from an event beyond your reasonable control) or from any negligent, fraudulent or unlawful act or omission by you.

That if you are acquiring our products and services for the purpose of a business or use our products and services for such purpose, then the Consumer Guarantees Act 1993 shall not apply in relation to those products and services.

Actrix Responsibilities

We will:
Take reasonable care to ensure that the services to which you have subscribed are available 24 hours a day;

If the services become unavailable, take all reasonable steps to restore the services to which you have subscribed as soon as possible;

Provide a free Help Desk service during hours as specified on our web site (our Help Desk is intended to assist with common or minor problems only, and for uncommon or serious problems you must seek specialist advice);

Use our best endeavours to ensure Help Desk staff use reasonable skill and care when giving advice;

Monitor our system and take all reasonable steps to prevent the compromise of system security;

Inform you, via e-mail or by posting a message in an appropriate location on our web site, or by any other appropriate means, of any changes to the charges for the products and services to which you have subscribed;

Display our pricing in New Zealand dollars, unless otherwise stated.

Suspension of Services

We may:
Refuse your subscription to any of our products and services without giving a reason for such refusal;

Suspend or terminate your subscription to any of our products and services, at our discretion.

Without limiting the foregoing, we may:

Suspend or disconnect you from our network, and discontinue providing our products and services to you, if you do not meet all of your obligations under our contract with you. If you entered a term contract agreement any associated minimum terms or disconnection costs may still apply, in addition you may have to pay a recommencement fee before you can use our network again;

Suspend or disconnect you from our network if a carrier suspends or interrupts its service to us in a way which affects our ability to provide our services to you;

Suspend or restrict a service in an emergency or whenever doing so is considered necessary to protect persons, systems or other property.

Our normal charges, as set out in our price list, will continue to apply during any period of suspension or disconnection.

Termination of Service

Termination of Service may take place if:
  • You as the customer request termination of service by the method, and with the minimum notice period, specified above.
  • Suspension or disconnection of service(s) due to payment and / or credit restrictions.
  • Disconnection of service(s) due to a change of address.
  • Disconnection of service(s) resulting from a transfer of service(s) to, or the actions of, a third party provider.
  • Due to any breach of the Actrix Terms & Conditions.
Upon Termination of Service:
  • Any minimum billing cycle or term for the service(s) you are subscribed to will still apply.
  • Any term contract agreement(s) and / or associated minimum term(s) or disconnection costs will still apply.
  • You may have to pay a recommencement fee before you can use our services again.

Faults

  • If you experience a service fault please contact us and we will make every effort to restore your service as soon as possible.
  • If the fault was caused by you or people for whom you are responsible, or equipment used or put in place by you or at your request, you may be charged a fault diagnosis fee.

Liability and Indemnification

We agree to indemnify you against all costs, expenses, loss or liability you incur arising from any breach of these Terms and Conditions by us (other than a breach that arises from an event beyond our reasonable control) or from any negligent, fraudulent or unlawful act or omission by us.

We are not liable to you:
  • For any loss of profit, or any consequential, incidental or indirect loss or damage suffered by you;
  • For any defect in the quality of the Internet services which can be attributed to equipment provided by you;
  • To the extent that any breach by us was caused or contributed to by your breach of these Terms and Conditions or by your negligent, fraudulent or unlawful act or omission;
  • For any access or alteration to, or loss, theft or destruction of data files, programs, procedures or information caused by any third party that has achieved access to the network.
Our liability under these Terms and Conditions shall not exceed:
  • The aggregate of the amounts billed to you (excluding GST) under our two most recent invoices immediately preceding the occurrence of the breach, in respect of any one breach; and
  • $1,000 in any twelve (12) month period, irrespective of the number of breaches in that period.

Assignment

We may assign or transfer, or subcontract the performance of all or part of, our rights and responsibilities under our contract with you to someone else.

You may not assign or transfer any of your rights or responsibilities under our contract with you to anyone else, except with our prior written consent.

Waiver

Any delay by us in exercising any of our rights under these Terms and Conditions shall not mean we have waived or given up those rights.

Severability

If a Court finds that any provision of our contract with you cannot be enforced, that provision shall be severed from our contract and the other terms of our contract shall remain binding.

General Principles

We aim to be a good corporate citizen, with regard for all interests in the community. To this end, we are a founding member of the ISOCNZ Internet Code of Practice.

Our industry is on the leading edge of technology, requiring us continuously to update our systems and equipment. Your prompt payment assists us indoing this.

Terms and Conditions Binding

These Terms and Conditions form part of our contract with you. We may amend these Terms and Conditions, and our products and services packages, at any time. Where possible we will provide you with 30 days notice of any amendments. Your ongoing use of the relevant products and services will constitute acceptance of the amended Terms and Conditions.

Your Information and Privacy

Information you provide

You agree to ensure that all the information you give us is correct and complete. You also agree to advise us of any changes to that information. In particular, you must inform us promptly of any changes to your contact details by e-mailing accounts@actrix.co.nz.

Collecting your information

When you register as a customer with us, and while you remain a customer, we will collect personal information about you. This information will be collected from you and from others (such as credit reference agencies), and from our systems and equipment. You may:
  • Ask to see any information we hold about you (and we will let you see this information provided we can readily retrieve it);
  • Ask for any details that are wrong to be corrected (and we will correct those details).

Storing your information

We will store your personal information securely in our database. If you register your credit card details with us, we will store them in a way that ensures they are only accessible by our Accounts Department. If you close your account, we will:
  • Erase your credit card details from our database within 24 hours, unless there is money owing on your account. If money is owing on your account we will remove your credit card details 24 hours after the account has been paid;
  • Erase the remainder of your personal information from our database within 12 months (except that if you owe us money, or there is a dispute between us and you, your information will be kept in our database until payment is made or the dispute is resolved).

Using your information

We may disclose your personal information to our employees and contractors, our related companies, credit reference agencies and debt collection agencies so that we can:
  • provide products and services to you and others;
  • invoice you for products and services we provide;
  • obtain payment for our products and services from you;
  • tell you about products and services available to you from us and others;
  • monitor your compliance with these Terms and Conditions;
  • exercise any rights we may have against you in law.
We may disclose your personal information (other than your name and physical address) to network operators to enable you to use their and our products and services.

We may disclose your personal information to law enforcement authorities, such as the Police or the Department of Internal Affairs, when we think it necessary (such as when disclosure will help detect unlawful behaviour).

We may occasionally monitor telephone calls between you and our personnel, to help train our personnel to provide better customer service. Any information we collect in the process will be used in strict compliance with privacy laws.

Payments

Your responsibilities:

You agree:

To pay the specified fees for the products and services to which you subscribe, including usage (time or volume) charges, by the due date (14 days from the date of the invoice), regardless of whether it is you who uses them;

A late payment fee of $8.65 including GST will be charged on all overdue accounts;

A statement fee of $2.30 including GST is charged for statements received via post. 

There is no charge for statements via email;That unless the law requires a refund to be made, all payments are non-refundable;

That if you have a genuine dispute in relation to any amount in an invoice, you MUST pay the undisputed portion of the invoice by the due date for payment, and notify us promptly of the disputed amount and the reason it is disputed. We will investigate your claim, and you agree to abide by the outcome of our investigation. We are not obliged to investigate a disputed amount if you do not notify us about it within 30 days.

Our Rights:

We may require you to provide credit references and other credit information and you authorise us to check your credit status by passing on this information to 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 any services provided if we are not satisfied with your credit status.

If any payments are overdue, we may close your account and refer the debt to our debt collection agency, and you will be responsible for the costs of collection of that debt (our debt collection agent may charge you a debt collection fee of $25.00 or 25% of the debt, whichever is the greater, and if the debt collection agent's costs, legal and other, arising from the collection of the debt exceeds the debt collection fee charged, our debt collection agent may also recover such additional costs from you. This term is intended to be for the benefit of and enforceable by our debt collection agent under the Contracts (Privity) Act 1982);

We may at any time require you to pay a bond or provide us with other assurance of your ability to pay our charges. Any bond paid will not accrue interest and will be repaid to you when our contract with you ends, after deduction of any amounts you owe us at that time.

We may impose a credit limit on your account at any time. You agree that the credit limit imposed by us may be altered at our discretion with effect from the date we notify you of such change. You also agree that if at any time you exceed your credit limit we will be entitled to suspend the provision of our products and services to you. All costs and expenses of or incurred by us as a result of such suspension and any recommencement shall be payable by you upon demand.

Security

You agree to maintain the security of your account(s). In particular, you agree not to give your password to anyone else, not to choose a password that is easily guessed (such as a name, birthdate or phone number), to change your  password regularly, and to change your password when we ask you to do so.

You agree to notify us immediately if you suspect that another party may have gained access to your accounts, or be making use of any of the products and services to which you have subscribed.

You must be aware that some internet sites may have embedded within them the ability to program your modem to dial tarriffed numbers without your knowledge or direction. You are liable for any charges arising from such calls. We accept no liability for such charges.

Spam

Actrix is committed to reducing, or if possible eliminating, spam on the Internet. To this end Actrix is a founding signatory of the Internet Service Providers Spam Code of Practice which can be viewed here.

Definition

In this section, "Spam" includes one or more unsolicited commercial Electronic Messages with a New Zealand link as defined in the Unsolicited Electronic Messages Act 2007, and derivations of the word "Spam" have corresponding meanings.

You may not use the Service to:

  • send, allow to be sent, or assist in the sending of Spam;
  • use or distribute any software designed to harvest email addresses in connection with the sending of unsolicited commercial Electronic Messages; or
  • otherwise breach the Unsolicited Electronic Messages Act 2007 or any regulations made under the Act.

Our rights to suspend the Service

We may suspend our provision of the Service to you in the following events:
  • if the Service provided to you is being used to host any device or service that allows email to be sent between third parties not under your authority and control; or
  • if you are in breach of the above clause "You may not use the Service to:";
We will first make reasonable attempts to contact you and give you the opportunity to address the problem within a reasonable time period.  What is reasonable in this context will depend on the severity of the problems being caused by the open service or breach referred to above. In serious cases suspension may be immediate.

Customer to minimise risk of breach

You agree to use your reasonable best endeavours to secure any device or network within your control against being used in breach of the above clause "You may not use the Service to:" by third parties, including where appropriate:
  • the installation and maintenance of antivirus and malware software;
  • the installation and maintenance of firewall software; and
  • the application of operating system and application software patches and updates.
Our right to suspend your account applies regardless of whether the open service is provided or the breach is committed intentionally, through misconfiguration, or by other means not authorised by you including but not limited to through a Trojan horse or virus.

Our right to scan for misconfigurations

We may scan any IP address ranges allocated to you for your use with the Service in order to detect the presence of open or otherwise misconfigured mail and proxy servers.

Our right to terminate the Service

If the Service is suspended and the grounds upon which it was suspended are not corrected by you within seven days, we may terminate the Service.

Filtering Services

Actrix provides an e-mail filtering service by default to all Actrix mailboxes in order to reduce the amount of spam received by you, the customer. This service can be turned off on request.

The Actrix spam filter scans incoming messages and gives them a numerical score. Messages that score over a certain limit are put into your Spam folder.

The service is provided as a best effort. Whilst every care is taken Actrix can in no way guarantee that legitimate e-mail will not be classified as spam (a false positive).

Complaints

If you wish to make a complaint about spam that you have received the first step is to forward as an attachment the spam you have received to abuse@actrix.co.nz. We will then look into the complaint and take whatever action we deem necessary.

If you are not happy with how your complaint has been handled you can escalate the matter by sending an e-mail to management@actrix.co.nz If this still does not resolve the matter to your satisfaction further escalation is possible through the Internet Service Providers Spam Code of Practice.

Traffic (Volume) Based Rates

In addition to the Actrix General Terms & Conditions, if you have a rate that is charged for the Volume of data transferred through it (MB or GB usage), you agree to abide by the following Terms & Conditions:

We charge for any traffic transferred to (or from) your computer via our system from (or to) any other computer. Due to the overhead in reliably sending information across the Internet, the amount of data transferred may be larger than the file size reported by third party sources.

We do not accept any responsibility for the accuracy of any file size reported by any third party, or for the overhead in sending information across the Internet.

There is a minimum charge of one cent for any individual traffic entry.

At the end of the billing month excess usage charges will be rounded up to the nearest MB and then calculated.

From time to time we may specify that the traffic charges for information transferred from specified locations will be charged at a reduced rate, or that there will be no charge. We reserve the right to add locations to the specified list, or remove locations from the specified list. Any such changes will be notified to you by e-mail, or by placing a message in an appropriate location on the system, as defined above.

The definition of local, national and international traffic is at our discretion and will be based on publicly available routing information. We are in no way liable for inaccuracies within this system.

Web Site and Database Hosting (including User Homepage)

In addition to the Actrix General Terms & Conditions, if you host a website with Actrix, you agree to abide by the following Terms & Conditions.

You agree to abide by the Internet Code of Practice;

Actrix will take all reasonable steps to ensure your content is backed up on a regular basis. However, we do not in any way guarantee this, and it is recommended that you retain a personal back-up copy of all of your web site's files;

Statistical information stored on your site will be counted as space used in your hosting plan. The space taken up by raw log files is not;

Multiple sites cannot be hosted on one hosting plan. However, multiple domain names can point to the same site;

You agree that we can charge a fee, at our discretion, if we are required to move your site from one server platform to another due to your error. If the move is required due to our error, this move will be free of charge;

Domain names will not be pointed to free user homepages.

You agree that we may remove your site from our server if we believe your site appears to be the cause of a problem. We will make best endeavours to contact you before this is done. Once removed, it is your responsibility to correct the error within your site before we re-instate your hosting service.

You agree that if Actrix has reason to believe* you are using the service to host and / or otherwise make available to the public any material that infringes copyright in a work without the permission of the copyright owner we may:
  •     Remove or restrict access to the material or website; or
  •     Delete the material; and
  •     Give notice to you that the material has been deleted or access to it prevented.
* In this situation "reason to believe" is defined as Actrix having been advised of material that infringes copyright in a work, and as set out in the Copyright (New Technologies) Amendment Act 2008 such a claim is considered acceptable on receipt of a written infringement notice signed by the copyright owner or the copyright owner's duly authorised agent.

If you run a newsletter or announcement type of service through your web site you agree to abide by the relevant laws such as, but not limited to, the Unsolicited Electronic Messages Act 2007.

CyberJet/JetStream

In addition to the Actrix General Terms & Conditions, if you have a JetStream connection you agree to abide by the relevant Telecom Terms & Conditions for that service. These are located at www.telecom.co.nz by clicking on the Terms & Conditions link at the bottom of the page.

A CyberJet/JetStream Broadband connection requires an active phone line and must be enabled on the same line as the phone service. Disconnection of the associated phone service may result in additional Broadband monthly service fees and / or disconnection of the Broadband service.

If the Broadband connection (or the line it is enabled on) is transferred or disconnected within the minimum term or contract period the usual setup fee will apply. If the Broadband connection is moved to another location within the minimum term or contract period a disconnection fee and / or new minimum term may apply.

The Broadband Elite product comes with a six month minimum term. If the Broadband Elite connection (or the line it is enabled on) is transferred, moved, or disconnected within the minimum term a disconnection fee of up to $249 will apply.

You are responsible for managing your Internet usage; this includes regularly checking the online usage meter and email usage notifications. You are also responsible for ensuring that your contact details are correct and current, including your email notification address so that we can contact you with email usage notifications. The CyberJet usage meter is designed to update every 10 minutes but may be up to 12 hours behind if an issue is encountered; you will therefore need to take account of your usage since it was last updated.

If you opt for a plan with excess usage charges and exceed your traffic allowance within any allowance reset period we will automatically add the appropriate Data Block to your account (Data Block size and cost may vary between plans). Unused or partially used traffic allowances and / or Data Blocks cannot be carried forward to subsequent traffic allowance periods.

You agree that the ability to pay an additional fee to remove the cap for the remainder of the day (such as Extend) is a one off process each time and may not be automated to occur on a daily basis. Abuse of this may result in an upgrade to a more appropriate monthly plan at your cost. If this is to occur we will contact you before taking any action.

A Fair Use Policy applies to the Unmetered (or "Free") Upload feature available on some plans. We have developed our Fair Use Policy by reference to average customer profiles and estimated customer usage of our Services. If we consider your usage to be unfair, unreasonable and / or excessive usage we will advise you of this and request that you moderate your usage. If you fail to do so we reserve the right to change your plan and / or treat any excessive usage as part of your normal traffic allowance.

Actrix will provide one free CyberJet / JetStream plan change per month, and reserves the right to charge an administration fee for any additional plan changes above and beyond this.

Extended Reach Broadband

If you opt for a plan with excess usage charges and exceed your traffic allowance within any allowance reset period we will automatically add the appropriate Data Block to your account (Data Block size and cost may vary between plans). Unused or partially used traffic allowances and / or Data Blocks cannot be carried forward to subsequent traffic allowance periods.

A Fair Use Policy applies to the Unmetered (or "Free") Upload feature available on some plans. We have developed our Fair Use Policy by reference to average customer profiles and estimated customer usage of our Services. If we consider your usage to be unfair, unreasonable and / or excessive usage we will advise you of this and request that you moderate your usage. If you fail to do so we reserve the right to change your plan and / or treat any excessive usage as part of your normal traffic allowance.

Actrix will provide one free plan change per month, and reserves the right to charge an administration fee for any additional plan changes above and beyond this.

Domain Name Registration and Management

In addition to the Actrix General Terms & Conditions, if you host a domain name with Actrix, you agree to abide by the following Terms & Conditions:

.nz Domain Names

You agree to abide by the Terms & Conditions listed in Schedule 1. If there is any inconsistency between those Terms and the Actrix General Terms & Conditions relating to the domain name service only, Schedule 1 will take precedence.

Other Domain Names

If you are registering a domain name other than a .nz, you agree to abide by the Terms & Conditions listed in Schedule 2 and Schedule 3. If there is any inconsistency between those Terms and the Actrix General Terms & Conditions relating to the domain name service only, Schedule 2 and Schedule 3 will take precedence.

Actrix Homeline & Tolls

In addition to the Actrix General Terms & Conditions, if you subscribe to the Actrix Homeline and / or Tolls services, you agree to abide by the following Homeline & Tolls Terms and Conditions:

Actrix Homeline

If you sign-up for a free connection with minimum term or contract period (when available) and cancel within the minimum term a cancellation fee of up to $75 may apply.

If you sign-up for a or free transfer with minimum term or contract period (when available), and cancel within the minimum term a cancellation fee of up to $50 may apply.

If you move your home line a move fee and / or wiring & installation charges may apply depending on the circumstances.

Actrix Tolls

Actrix Tolls is not available on all phone lines.

You can not have Actrix Tolls if you have the following services:
  • Calls made from multiparty lines
  • Calls made via diversion points
  • Calls made from Centrex lines
Minimum call length is one minute, after that calls will be charged by the second.

Capped calls are charged on a per minute basis until the cost cap is reached. You are not charged any more unless the capped time limit is exceeded, at which point you are then charged the capped rate plus the standard per minute rate for any additional minutes.

The following Telecom services are not available if you have Actrix Tolls:
  • Call track
  • Call readdress
  • CustomerLink
  • DDI Extension
You are responsible for ensuring that all calls or other communications (collectively, calls) specifically or inadvertently directed into our network from your communications equipment or systems (including but not limited to telephone, facsimile, PABX or computer software or hardware) relate to services you have ordered from us and services we have agreed to provide to you, and do not relate to services you have agreed to take from another carrier.

You must ensure that if you have any pre-programmed calling procedures, then prior to the commencement of our service to you, all such pre-programmed calling procedures are deleted or removed from such equipment or systems.

If these obligations are not met:
  • You will be liable for our charges in conveying or dealing with such calls; and;
  • We accept no liability for any discount or benefit you would have received had you complied with those obligations.
You will be charged for all calls made on the phone line subscribed to the Actrix Tolls service that are dialed using an area code. This includes local calls that are dialed using an area code.

Fair Usage Policy

We have developed our Fair Use Policy by reference to average customer profiles.

The service must not be re-sold.

If your usage is excessive and / or unreasonable we may contact you to advise you that your usage is in breach of our Fair Use Policy.

If the excessive or unreasonable usage then continues after a request to alter or cease your usage patterns, we may without further notice apply charges to your account for the excessive component of your usage, and we may also suspend, modify or restrict your use of this service.   

Examples where your usage may be considered excessive or unreasonable are if the Unleashed Series is used for:

  • Call Centre Operations
  • Commercial Business Operations
  • Telemarketing Operations
  • Intercom or Baby Monitoring
  • Offering the package for use to the community
  • Continuous Call Forwarding
  • Auto Dialling

The Unleashed Series Toll Calling Packages

The Unleashed Series Toll Calling Packages are based on your monthly billling cycle and will reset on your next billing day. Any minutes left unused at the end of your billing month will not be carried over to the next period.

Any minutes applied to calls will be rounded up to the nearest whole minute (e.g. A call of 4 minutes and 12 seconds will use 5 National Minutes).

The Unlimited to Any New Zealand Mobile plan is limited to 15 minutes per call. Any individual calls which go over 15 minutes in duration will be billed at the normal per-minute rate for your Actrix Tolls Plan.

All other Toll Packages are limited to 60 minutes per call. Any individual calls which go over 60 minutes in duration will be billed at the normal per-minute rate for your Actrix Tolls Plan.

Only calls made using Actrix direct dial national calling may have The Unleashed Series Toll Calling Packages applied; all calls made using 0161, 059, or any other prefix will not be eligible for The Unleashed Series Toll Calling Packages.

1,000 National Minutes

The 1,000 National Minutes optional allowance is based on a monthly billing cycle and will reset on the next billing day. Any minutes left unused at the end of a billing month will not be carried over to the next period.

Any National Minutes applied to calls will be rounded up to the nearest whole minute (e.g. A call of 4 minutes and 12 seconds will use 5 National Minutes), and up to 60 minutes will be applied to each eligible call with additional time billed at the standard residential per-minute rates.

Once your 1,000 National Minutes allowance is exceeded the standard residential per-minute rates will apply; national capped calling rates do not apply to customers with the 1,000 National Minutes service.

The 1,000 National Minutes service is only available to residential customers and only applies to landline to landline calls.  We reserve the right to immediately disconnect or charge our standard per minute rates if in our sole discretion we consider that your activity is inconsistent with normal residential usage patterns.

Only calls made using Actrix direct dial national calling may have National Minutes applied; all calls made using 0161, 059, or any other prefix will not be eligible for National Minutes.

Equipment

You will ensure that any equipment you connect to your Actrix Homeline has a Telepermit printed on it or has been authorized for use by Actrix. This helps make sure the equipment does not damage the network but does not mean that it will always remain compatible with the Actrix network. If equipment which you use in connection with your Actrix Homeline does not work properly, you will need to contact the equipment supplier or manufacturer, and not Actrix, about the problem.

Your telephone number

Any telephone number we assign you will always remain property of Actrix. We may change any number we have allocated and will give you reasonable notice of this. If you would like to change your telephone number please contact us.

Other suppliers

You are responsible for your relationship with any other supplier providing telephone services to you. For example, if you have your internet services with Actrix and your phone line with another provider, you must notify both us and the other supplier if you change your address.

SmartPhone & Line Services

Actrix supports the following SmartPhone & Line Services:
  • Call Waiting
  • Call Minder
  • Call Diversion
  • Caller Display
  • Faxability
  • Dual Number
  • 0900 Block
  • Call Restriction
  • Wiring & Maintenance
Services which are provided by your current or previous telecommunications service provider may not be provided by Actrix and will not be automatically brought across from that provider. You will need to choose which of the available Actrix services you wish to receive.

SmartPhone & Line services have a standard monthly fee but additional call and / or service charges may apply. There is a one month minimum billing cycle on all SmartPhone & Line services and 30 days notice is required for cancellation.

Call Diversion & Call Forwarding

When using Call Diversion or Call Forwarding to direct calls to another phone number standard Actrix toll calling charges will apply. Directing calls to a number within the local free calling area should not incur any charge so long as the area code is not entered when setting up the Diversion or Forwarding service.

Wiring & Maintenance

The Actrix wiring and maintenance service is an optional service which covers the cost of fixing, during normal fault service hours, most faults in the telephone sockets and wiring inside your home which are covered by the service. Wiring & Maintenance cover begins 30 days after the service start date, this service covers:
  • Telephone sockets and wiring which meet and are installed to our specifications
  • Wiring inside your home, but not external wiring to another building on your premises
  • The service does not cover equipment attached to sockets such as extension cables or socket adapters
  • Moving, adding or changing sockets which are not faulty is not covered by this service
  • If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a replacement item you would like us to install instead we will install it providing it meets with our requirements
The Actrix wiring and maintenance service does not cover you:
  • In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in The Actrix Terms & Conditions
  • If the fault is caused by deliberate or malicious actions
  • If the fault is caused by other wiring or equipment in your home

Local and 0900 calls

Local calling is free with your Actrix Homeline provided you do not dial the local access code when making a local call. If you dial the local access code you will be charged at the relevant Actrix Tolls rate. In the event a 0900 call is made from your Actrix Homeline you agree to pay:
  • Call charges for 0900 calls made from your telephone through the Actrix network or charged to you, no matter who makes them
  • Any charitable donations promised during those calls
  • Any other amounts charged to you by the 0900 service providers.
  • Your agreement to make these payments also applies for the benefit of the 0900 service providers and may be enforced by them.

Directory listings

  • We will provide your details for the White Pages or its equivalent and for directory assistance by default. You agree that in relation to directory assistance services our liability is limited to seeking to rectify any error as soon as practicable.
  • If you do not want your details to be listed in the White Pages or directory assistance, or you require special types of listings please contact Actrix.

Changing your address or phone line

  • If you change your address or phone line, you may be able to take your services with you. You will need to call us at least 5 business days in advance of the move so we can discuss how to minimise service disruption. A disconnection fee and / or new minimum term may apply.
  • Should your phone line become permanently disconnected for any reason, we will no longer be able to provide any SmartPhone, Broadband or Toll Calling services to you and your disconnection will be taken to be a termination of your agreement with Actrix for the provision of these services. Should you wish to enter into a new agreement for Broadband an installation charge and / or minimum term may apply.

Credit Restrictions

  • In the event of non-payment we reserve the right to place a temporary disconnect on your phone line and / or associated services. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.
  • In the event of continued non-payment we reserve the right to disconnect your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. A reconnection fee will apply.
  • If you have a medical condition or other special circumstance for which you require your telephone connection for, it is your responsibility to let us know so we do not disconnect your phone line.

CA Security Suite

Actrix will bill for, and support, the Security Suite but the product itself is provided by CA. If a problem totally stumps us we may refer you to CA's support staff.
 
All guarantee's and claims are made by CA, not by Actrix. Actrix believes these claims to be true but does not in any way guarantee the product, it's effectiveness or represent that all Internet Security threats will be detected, prevented and / or removed.
 
From time to time CA makes offers that are only available in certain regions. Details and restrictions are placed on these offers by CA and not Actrix.

Internet Code of Practice

Actrix was a signatory of the original Code of Practice back in 1999. The code is currently under review, further information is located here on the ISOCNZ website. The code is not maintained by Actrix and may be subject to change. Where practicable, Actrix will advise all customers potentially affected by any changes.