服务条款

1.These terms

1.1These terms and conditions set out the basis on which VNET provides Internet, BBTalk VOIP (Voice Over Internet Protocol) and IPTV (Internet Protocol Television) services to our residential/business customers.

1.2Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.

 

2. Our services

2.1We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.

2.2We will be responsible for determining the manner in which the services are to be provided. For example, we may sub-contract other carriers to provide part of any service.

2.3We will use all reasonable endeavors to make our services available to you at all times. However our services rely on us using networks and services owned by other companies. As a result we cannot guarantee that our services will always be available or fully functioning. If our services are unavailable for any reason we will endeavor to restore service as soon as possible. If you need assistance in using our services please call our support centre on 09 533 6666.

2.4While we take reasonable security precautions, due to the nature of telecommunications services we cannot guarantee the confidentiality of any calls or transmissions you make using our services.

2.5We can take any particular action or suspend our services at any time if:
I. We consider it necessary to protect or maintain our network; or
II. We believe that you have breached any of our terms and conditions.

2.6Network charges will still apply during the period of any suspension. In addition, if our services are suspended because of your breach, we can charge you a reconnection fee if services are to be recommenced.

2.7Up to date information about our current services can be found at www.vnet.co.nz

2.8In the event we intend to alter a service that we charge you for such that it materially affects you, and providing that you are readily identifiable, we will give you as much notice as possible, but no less than 10 working days.

2.9All goods and service remain the property of Vnet until such time as payment paid in full.

 

3. Charges

3.1You must pay our charges for the services we provide to you, regardless of whether you or someone else uses those services. We may vary our charges from time to time. If we increase any charge we will give you at least 15 working days notice. You can always check the latest available charges by calling customer services on 09 533 6666.

3.2We will invoice you for services we provide to you. However we may elect to carry forward charges to the next billing period if your usage is below a minimum level. Fixed charges are payable in advance. Usage based charges (such as toll calls) are payable in arrears. 

3.3You must pay each invoice before due day of the invoice date. If you do not pay any invoice within that time we may:
I. charge you interest on the overdue amount from the due date until the date you pay, at the rate of 12% per year; and
II. withhold any rebate, discount or similar incentive which would otherwise be available to you; and
III. suspend or restrict your service; and
IV. recover from you any debt recovery costs; and
V. entrusted debt collection agency to collect the outstanding debt at your costs; and
VI. require you to put in place a direct debit payment arrangement for payment

3.4If you wish to raise a genuine dispute regarding an invoice of ours you must do so in writing within 7 days of the date of the invoice. We will consider any issues raised in good faith and will promptly advise you of any resolution or amendment to our charges.

3.5Long term debtors can be subject to transfer its debt amount managed by credit managing company such as Baycorp and debtor liability for all the additional service charge. Legal action can be taken without any notice for those who have outstanding balance over three month.

3.6We may at our discretion impose a credit limit on your account.

3.7If you breach any term of this agreement, and we incur costs as result, then you must pay those costs if we require you to do so.

3.8The late payment management fee is $10 per month of this account balance will apply

3.9An early termination charge of $199 for ADSL/UFB or $299 for VDSL applies if you leave or move from the Unlimited Broadband Plan before the end of the term.

 

4. Using our services

4.1You must not use our services in a way which:
I. breaks any laws;
II. infringes anyone’s rights; or
III. is malicious, obscene or offensive.

IV. by using the service, download, possess or transmit in any way, illegal material (for example indecent images of children).

V. Must not send, publish, distribute, circulate or otherwise propagate any material that may be deemed to be grossly offensive or of an indecent, obscene nature or menacing in character.

VI. Must not send, with the intention of causing annoyance, inconvenience or needless anxiety a message that you know to be false, or to cause such a message to be sent or to persistently make use of our service for that purpose.

VII. Must not gain or attempt to gain unauthorized access to any computer systems for any purpose, including accessing the Internet.

VIII. Must not, without authorization intentionally impair or attempt to impair the operation of any computer, prevent or hinder access to any program or data held in any computer or to impair the operation of any such program or the reliability of any such data (this could include deleting files, changing the desktop settings introducing viruses etc.).

IX. Must not infringe the rights of others, including the right of privacy and copyright (an example would be sharing without permission of the copyright owner protected material such as a music or video file).

 

4.2If you use our residential/business voice services you cannot resell any services to another party. Our service can be used only for normal calling. This excludes activities such as auto-dialing, continuous call forwarding, telemarketing, Call Centres, fax or voicemail broadcasting. 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.

4.3You must keep confidential any password or PIN number which is used by you to access our services and we recommend that you change this on a regular basis for security reasons. You must also change your password or PIN number if we ask you to do so.

4.4You must comply with any reasonable restrictions we impose or directions we give regarding the use of our services.

4.5You must ensure that all information you give us is correct. Where any information you have supplied to us changes (such as contact details) you must provide us with updated information as soon as possible.

4.6If VNET fail to contact customer using contact detailed that customer specified, VNET can use contact detail that specified as a reference.

4.7Subject to any term commitment, you must notify us if you wish to terminate your non-code access to our services.

4.8You agree that we can act on any verbal instructions you give us in relation to the services.

4.9We may install equipment and carry out other work at a customer’s premises. If we do so at your premises, you must allow us and our contractors’ access as and when we reasonably require (and you must obtain any necessary consents to such access) for the purposes of installing, maintaining, monitoring and removing such equipment or carrying out such work.

 

5. Internet Services

5.1This clause applies if we provide Internet access services to you.

5.2You must not use a flat rate dial-up internet access account as a permanent connection. We can at our discretion disconnect you if we consider that your use of our internet access service has been excessive or unreasonable.

5.3If we disconnect you for one of the reasons set out in clause 5.2 you will normally be able to reconnect without additional cost. However, if your account is overdue at the time of disconnection, you may be unable to reconnect until your overdue account is brought up to date.

5.4You are responsible for downloading to your computer any email that you wish to keep. We may without notice to you remove any mail that remains on our servers for more than 90 days.

5.5You must not knowingly transmit any worms or viruses or use our services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else’s network.

5.6You must use our service in a reasonable and responsible manner and in accordance with established “netiquette”.

5.7You must not have more than one connection to our service using your user ID at any time. If for any reason you do have simultaneous connections we reserve the right to charge you $5.00 per hour (or part hour) for each additional connection.

5.8We do not control the information that can be accessed through the Internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our services. We are also not liable for any viruses or other harmful code which you download via the internet.

 

6. Broadband services

6.1This clause applies if we provide broadband internet access services to you.

6.2Our plan speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we rely on other providers to deliver data to or from our network we are unable to guarantee that these speeds will be available to you. Other issues beyond our control (such as problems with your phone line, or in the telephone network) may also result in you being unable to connect, or to send or receive data at those speeds. We cannot guarantee that our broadband services will always be available or that they can always be utilized for any particular purpose.

6.3You are responsible for all data used over your broadband connection. VNET recommends that you have sufficient security in place to protect your network.

6.4If you are on an “uncapped” or “unlimited” plan the total amount of data you can upload or download is unlimited. We may use traffic prioritization policies for these plans and our capped plans at any time to improve the overall performance amongst our customers.
Other factors may influence the particular speeds or latency you can achieve to servers nationally and internationally. Our control of these speeds is limited to our own network. Connections to servers outside the VNET network are on a “best effort” basis and it may not be possible for you to achieve your desired or expected speeds or latency where you are connecting to equipment outside our control.

6.5If your phone line is disconnected for any reason, we will be unable to provide a broadband service to you and this will mean that you have terminated our agreement for the provision of that service. If services are reinstalled, even on the same phone number, you may incur installation charges.

6.6If you change your address or phone line you will need to:
a. provide us with a minimum of 10 days notice of the change to minimize service disruption; and
b. cancel all current broadband services to avoid unwanted charges, even if the phone line is no longer valid.
Services must be reinstalled on the new phone line and even if you are maintaining your existing phone number you may incur installation charges. We will not always be able to supply broadband services on the new line or to that new address in which case you will have terminated our agreement for the provision of that service.

6.7Broadband Fair Use Policy:Bandwidth allocated to unlimited data plan users is reviewed and increased as required, but at any time there is a fixed amount of bandwidth available. The aim of this clause of the Fair Use Policy is to ensure that the experience of the vast majority of users is not compromised by the extreme and unreasable usage of a few. Vnet reserves the right to modify (through speed and other variables) the behavior of individual users that frequently use significantly more data than the majority of the unlimited users and/or use their internet service in a way that negatively affects the experience of other users. If a customer is found to be in the top 1% to 5% of users and their usage is negatively impacting the network, Vnet may attempt to communicate with the user asking them to modify their usage, or suggesting a more suitable solution for all parties involved. If the excessive or unreasonable usage continues, Vnet reserves the right, at its discretion and without further notice to:
a.de-prioritise a user's access to the network;
b.apply charges to the user's account for the excessive and/or unreasonable element of your usage;
c.suspend or terminate the user's service.

6.8 Ultra VDSL speeds can vary widely depending on a property's location, the condition of its copper wiring and how busy the local copper network is at any given time of day and other factors. Find out more.

 

7. Supply of Equipment

7.1We may from time to time supply equipment to you in connection with our provision of services to you. Where we do so, unless we agree otherwise, you hold the equipment as bailed only, and have no ownership rights to that equipment.

7.2You acknowledge we have supplied to you any equipment specified in your application form.

7.3You must return to us upon termination of this agreement all equipment which we supply to you. If the equipment need mail that the customer have responsibility for the charge. If you do not return any item of equipment to us within 30 days of termination of this agreement then you must pay us on demand the full cost of that item of equipment. You must also meet any repair or replacement costs if the equipment is damaged, lost or destroyed while under your control. In the case of faulty equipment, VNET will bear the cost of returning equipment for repair.

7.4If requested by us, you will sign a document which identifies the equipment we supply to you. You will also sign any other document and provide us with any other information which is reasonably necessary for us to register a financing statement in respect of the equipment we supply, in terms of the Personal Property Securities Act

 

8. Phone numbers and directories

8.1Any phone number that we allocate to you does not become your property. If we need to change your number we will give you as much notice of the change as we can.

8.2If you wish your details to be available through directory assistance and/or in the phone book then we will pass your name, number and address to Telecom. You agree that Telecom can use your details for those purposes.

8.3Subject to the terms of the Consumer Guarantees Act 1993, you agree that no member of the Telecom group of companies (or their officers, employees, contractors or agents) has any liability to you in connection with the directory assistance service or your phone book listing.

 

9. Term

9.1If you have agreed to use a service for a fixed contract term, then you must do so. For services where there is no fixed contract term, or where the fixed term has expired, either of us can terminate that service on giving the other 30 days notice. Where you wish to terminate a service you must do so through the “Support” section of our website.

9.2We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.

9.3If this agreement is terminated for any reason you must still pay us for services provided to you up to the date of termination. All charges are monthly basis and it is to be charged one month in advance. If you terminate service(s) in the middle of month, the monthly fee charged in advance is not refundable.

 

10. Liability

10.1We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
I. if any communication you make is intercepted;
II. if any communication you make is not properly transmitted or received;
III. if any of our services are not available at any time or are faulty;
IV. for any delay in commencing the provision of services;
V. if any software we supply does not operate properly;
VI. for any error in any directory listing which we arrange;
VII. (for internet customers) if your computer becomes affected by any virus or worm.

10.2We are not liable to you for any fault in or non-provision of services which is caused by an event beyond our reasonable control.

10.3If you use another service provider’s services during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.

10.4You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services. This clause is intended to confer a benefit which those third parties can enforce.

10.5Nothing in this clause limits any rights you have under the Consumer Guarantees Act.

 

11. Disconnecting or restricting services

11.1Only one account can be made per one customer unless the customer requires a separate account for business purposes. However, multiple products can be purchased which will provide the flexibility for customer to subscribe multiple services that are derived from one account.

11.2All the products are maintained by an account. All the products that purchased from the same account are not independent. This implies that all the services from each product will be affected by the account status. For example, if there is an outstanding balance from the account, entire services of each product that are purchased from an account can either be disconnected or be restricted.

11.3If you do not make the payment before designated date or meet any responsibilities you have with us, we may disconnect or restrict any service at any time. For example, we may put a toll bar on your phone. However, we will try to contact you prior to above action.

11.4If you do not make payment for 0900 call fees that had been charged to you or made from your phone through the VNET networks, we may also, at any time, suspend or restrict your function to make 0900 calls or suspend or restrict any service we have been provided to you.

11.5When we disconnect a service for these reasons, normal charges will not be applied from that date (because you will not be able to use the service). A disconnection fee may also be applied. You may have to pay a reconnection fee before you can use the service again. When we restrict a service, you will be able to continue to use the restricted service and normal charges will be continually applied in that case. We may also temporarily disconnect or restrict any service if we think it is reasonable or necessary (e.g. to work on the VNET networks). Normal charges will also be continually applied in that case.

11.6There is a penalty of $30 will be applied for each suspension of certain services. These services include landline, mobile and broadband service.

 

12. Giving up or ending services

12.1You may give up any service, e.g. Call Diversion, by calling Customer Services. If you wish, you may give up all services permanently or temporarily, for example, for seasonal business. Either way, the agreement you have with us will remain in place.

12.2We may decide to stop providing a particular service under special circumstances such as Grandfathered services or certain services that are affecting bad influence to our end users. Under these special circumstances VNET has right to stop any service at any time when it is required.
Before we stop the service, related users will get notified maximum of one month prior to the full termination. This ensure for end users to have sufficient time to think about the changes and make right decision. VNET may offer alternative services that are currently available. If your contract has not expired, termination fee will not be applied while changing to other service or transfer to other provider.

12.3If you decide to close your Vnet account before your contract is up (and we hope you won't want to!) you'll just need to pay an early disconnection fee.The amount will depend on the type of deal and contract you signed up for that will be $199 for ADSL/UFB or $299 for VDSL.

 

13. Privacy

13.1You authorize us to pass personal information to credit reporting agencies for the purpose of credit checking. You also agree to us obtaining and passing personal information about you to credit reporting agencies. This information will be used to update and maintain credit information files and will be accessed by the customers of the credit reporting agency.

13.2You also agree to us passing personal information about you to a credit reporting agency in the event that you default on your payment obligations.

13.3Any personal information we collect is kept at our offices at Unit 3, 7 Reeves Road, Pakuranga, Auckland. You are entitled to see any information we hold about you (although you must pay our reasonable charge for making it available) and to request that any incorrect information be corrected.

13.4We may record calls you make to us to verify information and for staff training purposes.

 

14. Changing these terms

14.1We can change these terms from time to time by giving you 14 days’ notice. We will inform you of any change by emailing or writing to you, by putting a notice in major daily newspapers or by providing relevant information on our website. Our latest terms and conditions are available at www.vnet.co.nz.

 

15. Notices

15.1Except where you wish to terminate our services (in which case you must follow the procedure in clause 8.1), If you wish to notify us of anything you can do so by writing to us at Unit 3, 7 Reeves Road, Pakuranga, Auckland or by calling 09 533 6666. We may require you to confirm in writing any advice you give us by phone.

15.2If we wish to communicate with you or notify you of anything we can do so by post, phone, facsimile or email to the last known address or number we have for you.

15.3If your contact details change you must advise us of the new details as soon as possible.

 

16. Other matters

16.1You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.

16.2A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.

 

17. Vnet Reasonable Residential Use Policy

Vnet has developed the following Reasonable Residential Use Policy to describe permissible uses of its service, and to prevent exploitation, fraud, and abuse of its unlimited plans and features. This policy is applicable to all Vnet residential services.
Reasonable Residential Use
Unless Customer purchases Vnet Small Business Plan, Customer acknowledges that he or she has purchased residential services and features under one of Vnet's plan offerings ("Plan") for Customer's personal, residential, non-business and non-professional use. Customer agrees that Vnet's residential service is intended for use by Customer and his or her immediate family. If your Plan allows you to extend the service or feature(s) to one or more mobile, land or VoIP numbers, such use is also considered to be use under the Plan and subject to Vnet's Reasonable Residential Use Policy. Impermissible Use(s)
Each of the following is considered to be outside normal residential use:

  • use by or for others who are not members of Customer's immediate family residing in Customer's home
  • business use of any type, including home office businesses
  • operating a customer care, support or call center
  • resale to others
  • auto-dialing or fax/voice blasts
  • telemarketing
  • all other non residential uses

Monthly usage which is 30% higher than the average usage by Vnet residential customers is considered unusual and excessive usage and is subject to evaluation by Vnet. In addition, usage involving specific numbers called, average call durations, forwarding and transferring, conferencing and unusually short duration calling may, constitute impermissible use(s) of Vnet Plan services. 
Based on these factors, Vnet may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below to enforce this Reasonable Residential Use Policy. 
For Lawful and Appropriate Purposes Only
You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party's intellectual property or personal rights. This section and Vnet's enforcement provisions shall apply to all Vnet Plans, including, without limitation, the Vnet Small Business Plan.
Vnet's Enforcement of its Policies
Vnet reserves the right to review and evaluate all customer accounts and to take action if an account is outside of its Reasonable Residential Use Policy or involves impermissible, detrimental or unlawful use. Vnet may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If any customer's use is determined by Vnet, in its sole discretion, to be outside of its Reasonable Residential Use Policy, Vnet reserves the right to transfer the customer's account to an appropriate business Plan, charge more appropriate rates for actual usage or to suspend or terminate service with or without notice. If any customer's use is determined to be unlawful, Vnet will immediately suspend or terminate the service with or without notice. Vnet will notify all proper authorities of any illegal use of Vnet's service and will cooperate with all such authorities regarding investigation and prosecution. Vnet hereby reserves all of its legal rights. 
Changes
Vnet reserves the right to change its Reasonable Residential Use Policy at any time without notice. Any such changes shall become effective when posted to Vnet's websites.


 


IPTV中文电视服务协议
本协议是您(用户)与汉雅星空文化科技有限公司(以下简称汉雅星空)之间的协议,汉雅星空向用户提供魅力中国IPTV 的电视频道播放、视频点播和其它相关服务(以下简称服务)。用户通过签订此协议,同意受此协议和汉雅星空对此协议所作的任何增补协议约束,并同意遵守以下汉雅星空授权使用条例。

1. 授权使用者、使用和责任:
用户承认已具有签订并执行此协议的合法权利并保证所提供资料的正确性和完整性。用户须明白,汉雅星空依靠用户提供的信息,汉雅星空对用户所提供信息不承担核实义务,用户提供的错误或虚假信息可能造成服务供应和交付的延误或服务的暂停和终止,对此汉雅星空不承担任何责任。如用户个人信息或账户信息发生变化,请及时通知汉雅星空进行修改(包括用户姓名、地址、电话号码、信用卡卡号和有效期等)。

2. 协议生效日期:
用户在 年 月 日起开始使用汉雅星空所提供的魅力中国IPTV 服务。用户自签订协议之日起即视作协议生效并在期限内持续生效。

3. 服务:
A. 用户注册成为魅力中国IPTV 的会员,并开通服务后,即可收看免费的中文电视基本频道包。魅力中国IPTV 同时提供部分付费频道和VOD(视频点播)服务,供用户自主选择观看。开通服务须支付开通费,从信用卡中直接扣除。扣费成功后,服务即时开通。魅力中国IPTV 向用户发放机顶盒及相关设备,用户交纳租赁费用,且须交纳设备押金,并承担设备邮寄费用。用户退订服务时,在收到用户寄回的机顶盒等设备并验收完好后,押金全部即时返还。用户在注册时须向汉雅星空提供一个本人有效的信用卡作为其指定的付款方式,并在用户账号活动期间保证信用卡资料的有效性。汉雅星空将从用户指定的信用卡收取服务开通费、付费频道收视费(包括但不限于单独付费频道的包月服务费或包年服务费)、VOD 点播费、设备租赁费、设备押金、用户活动期间可能产生的运费和手续费以及任何由于未能返还汉雅星空设备产生的其它费用。信用卡付款收取的各类费用包括:

i. 服务开通费,用户注册成功后,须交纳服务开通费,方可收看电视频道和影视点播节目。服务开通费将从用户的信用卡中扣除。

ii.包月服务 用户选择某条付费频道(或其他超值包、额外频道组合)的包月服务时,汉雅星空每月将自动从用户指定的信用卡上收取当月相关服务费。汉雅星空在接受用户包月服务订购的同时将从用户指定的信用卡上扣除当月剩余天数与当月总天数比例相应的服务费,并自次一公历月起在每个月的第一天扣除当月的包月服务费用和上一个月实际点播的VOD 费用。每个VOD 标题在24 小时内只收取一次费用。按照适用的国家和地方法律,还将收取根据销售、使用产生的其它税收,用户同意支付除包月服务费、设备费之外的此类税收。用户须支付所有汉雅星空逐项列明的无争议的包月费和/或在收到账单30 天(或法律允许的更长时间)内将有争议的项目通报汉雅星空。用户授权汉雅星空每月从用户信用卡自动转账,包括当前月份的包月服务费、任何额外的VOD 点播费、税收和其它费用。

iii. 包年服务 用户订购某条付费频道(或其他超值包、额外频道组合)包年服务时,汉雅星空在接受用户包年服务订购的同时将从用户指定的信用卡上扣除包年服务费。从订购当日开始,汉雅星空将提供用户连续12 个月的服务(即从用户支付包年服务费当日起满一年)。在包年服务结束时,用户可选择(a) 预付下一年的服务费; (b)
转成包月服务; 或 (c) 取消该包年服务。 如用户在包年服务到期前30 天未明确选择上述方案之一,视为用户自动续订同一服务包的包年服务,同时用户授权汉雅星空自动从用户信用卡上扣除该服务包年计划下的所有费用。除了最初的包年服务费,用户每月还需支付上个月使用的VOD 费用,汉雅星空将按照上述3(A) (ii)规定按月收取该费用。非年度结算的超值包和额外频道组合用户将按3(A) (ii)规定按月收取费用。
iv.其他
a. 设备押金, 汉雅星空将从用户指定的信用卡上扣除用户使用的所有汉雅星空设备的押金,用户须预先核实押金。如用户归还了汉雅星空所有设备,并保证设备能正常运行,汉雅星空将把之前收取的押金退还到用户的信用卡上。在用户终止服务后未能及时归还汉雅星空设备或所归还的设备已不能正常运行,则将没收该设备的押金。
b.设备租赁费,用户须支付设备租赁费,方可使用机顶盒等设备。设备租赁费的支付时间为用户一年基本服务的最后一天,从信用卡中直接扣除。若用户在一年之内取消服务,则在服务取消的当天,按实际使用时间从信用卡中扣除相应的设备租赁费。若用户选择在一年服务开始的时候交纳设备租赁费,则会获得租赁费的优惠。
c.运费和相关手续费,汉雅星空将从用户指定的信用卡上自动扣除实际产生的运费和相关手续费。用户同意所有运费、手续费不予退还。

 

B.对于因用户支付魅力中国IPTV 账单费用而产生的信用卡意外情况(包括但不限于账户透支,信用卡超额等),汉雅星空概不负责。如果信用卡商家以任何理由(包括但不限于信用卡到期,余额不足等)拒绝进行信用卡交易,汉雅星空将不批准用户在此时申请的任何服务,但维持用户已交费的服务。在这种情况下,若用户尚有VOD 费用没有支付,汉雅将暂停用户的VOD 服务,直到用户支付所欠的所有款项。用户可以进入其在魅力中国IPTV 的账户中心,在线查询每月详细账单。用户每次使用魅力中国IPTV服务时须明确: (i) 授权汉雅星空从用户指定的信用卡扣费;(ii) 汉雅星空可在用户账户中心提交用户须支付的费用明细; (iii) 用户须对其尚未支付的费用负责。

 

4. 续订:
若用户在某项服务结束后不提出取消,则:包月用户每月将根据当时的订购费用标准自动续订相同的服务包;包年用户在预付的包年服务到期后将根据当时的订购费用标准自动续订相同的服务包。

 

5. 更换订购计划:
A. 用户可随时申请将某项包月服务转换成包年服务,或取消该包月服务,若用户做如上变更,需提出申请。汉雅批准用户变更申请后,该申请于下一个月的第一天开始生效。
B.如用户须将某项包年服务转成包月服务,或取消该包年服务,至少要在现有的包年服务到期前30 天提出申请,汉雅批准用户变更申请后,该申请于该包年服务结束后的第一天开始生效(若转成包月服务,须按照本协议第3 条 (A) (ii) 中关于支付费用的规定开始支付包月订购费)。否则用户须根据本协议第3 条 (A) (iii) 中关于支付费用的规定支付新的包年订购费。

6. 通信费用:
获得与维系所有需接入到魅力中国IPTV 服务的设备和服务费用,用户须自行负责。用户同时须负责通过第三方网络(如有线或无线运营商)进入到魅力中国IPTV 服务产生的任何通信费用。

7. 汉雅星空财产:
汉雅星空交付给用户和/或安装在用户家中的所有非购买(指仅交付设备押金和租赁费)的设备(以下简称为设备),包括但不限于电缆、电线、放大器、机顶盒/接收器和遥控器,都属于汉雅星空的财产。用户须在终止服务时退还所有设备,否则将按照汉雅星空当时的惩罚条例收取费用,用户应马上支付该费用。不管设备是否非自然损坏、丢失(被盗或其它方式)或销毁,用户同意支付此类费用。

8. 服务中断:
在任何情形下,汉雅星空对以下情况不负责任:由于超过汉雅星空合理控制范围的原因而引起的节目传输或服务的故障或中断。根据适用法律,对于符合条件的中断将给予补偿。在任何情况下,如果一个已知的节目或服务中断超过24 小时(或根据国家法律超过更短的时间),在接到用户中断或故障的及时通知后,汉雅星空可以选择给予用户相关故障或中断一定比例的赔偿,或延长相应的服务期限,或酌情在节目中断期间提供替代节目。汉雅星空对任何附带或相应的损害不负责任。

9.设备的维修:
汉雅星空将修理和/或替换出现故障的设备,只要此类损害并非由于用户的误用或其它不当操作(不论故意或过失)引起。汉雅星空不负责用户自有设备的维护修理,包括但不限于电视机、VCR 或其它视频设备、遥控器、无线网卡、音响或其它音频设备。如由于用户疏忽、滥用或非汉雅星空系统和设备缺陷而导致损害到汉雅星空的设备,汉雅星空将对用户收取修理和/或替换的服务费。另外,如汉雅星空的设备被窃、有任何遗失或损害,由此引起的维修或替换将收取费用。汉雅星空对其设备和提供的服务与用户设备的兼容性不做任何担保 。

10. 用户财产:
汉雅星空不负责修理任何用户提供的设备,用户须自行修理和维护其提供的设备。

11. 用户资料:
在任何情况下,在未得到用户同意之前,汉雅星空不会将用户的个人信息透露给第三方,汉雅星空保留用户的个人识别信息仅作账户管理、计费和征收、客户支持和服务管理。汉雅星空也可收集匿名或非个人信息,用做涉及到用户对魅力中国IPTV 服务观看和使用的报告和分析。

12. 复制节目:
用户同意汉雅星空提供的节目仅用于非商业用途的个人使用,并同意在任何条件下,都不对节目进行复制和传播。

13. 汉雅星空的权利:
A. 汉雅星空没有义务监控由其机顶盒通过网络输出的内容和服务。不过,用户确认并同意在符合法律或法规的条件下,为适当运行节目或保护汉雅星空及其用户的利益,汉雅星空有权进行监控和透露任何资料。
B. 汉雅星空有唯一酌情权决定什么行为构成对汉雅星空设备和服务的“不恰当使用”或“商业使用”。


14. 汉雅星空财产维护:
用户同意不管是用户还是任何其他人(除汉雅星空授权人以外)都不能打开、篡改、维修、变更任何汉雅星空提供的设备,或将其从设备初始安装点移除。任何变更、篡改、移除等行为,任何未经授权的设备的使用,任何出售到非授权店铺的服务,或任何在非法地点出售服务的行为都构成盗窃罪并明令禁止。

15. 访问用户处所:
用户同意汉雅星空工作人员在合理的时间进入用户处所,检查、维护汉雅星空提供的非购买设备,以及在服务终止时,移除这些设备。汉雅星空未能移除该类设备不视为放弃该项权利。

16. 服务转让或转移:
用户不能转让或转移本协议和非购买设备。

17. 取消服务:
A.用户可以随时取消其所订购的魅力中国IPTV 服务。服务取消时,除收取设备租赁费之外,不收取额外的取消费用,但用户在服务取消前支付的所有包月或包年服务费用不予退还。取消服务的同时,用户当月观看的VOD 电影和电视剧费用将按实际使用情况扣费。
B.用户需在终止服务10 天内退还所有汉雅非购买设备,包括但不限于机顶盒等,并保证设备能正常使用。设备退回的运费由用户承担。未归还设备视为无效取消,将继续所选服务并须支付相应费用,或产生3 (A) (iv) (a)中所述费用。设备退还后,汉雅星空经检验设备外观无损坏且各项功能均可正常使用,则退还用户全部设备押金。若因以下原因导致设备损坏,无法正常使用,汉雅星空将不退还设备押金: (i) 未遵守汉雅星空的安装、操作或保养说明; (ii) 未经授权对产品进行改造或
变更; (iii) 用户或在用户支配下的个人对设备的滥用、误用、疏忽或过失行为;或第三方行为、天灾、意外、火灾、闪电、电压不稳或停电,或其它危险事件。

18. 违反协议:
如果用户违反协议或未能遵守汉雅星空的规章制度,汉雅星空可以选择终止用户的服务并移除非购买设备,未能移除此类设备不视作放弃汉雅星空的权利。根据本协议,在汉雅星空觉得有必要强制征收或保护其权利的情况下,用户须支付汉雅星空合理的征收费用和/或律师费。

19. 节目设计:
因节目制作方或其他合法原因,用户同意汉雅星空对所提供的节目计划、节目安排、服务包、频道数量、频道分配和广播频道进行合理变更。

20. 免责声明:
汉雅星空对系统上发布的任何非汉雅星空本地制作的节目或信息不负责任。除非是汉雅星空直接提供的产品、货物或奖品,否则汉雅星空将不对任何通过系统促销或销售的其它产品、货物和商品负责。

21. 责任范围:
汉雅星空所提供的服务可能因所在区域不同、线路质量、内部布线、Internet 通信和其它超出汉雅星空控制范围的因素而有所不同。汉雅星空不保证所提供的服务和设备以一个特定速度运行,也不保证其不会中断或不出现错误。在任何情况下,汉雅星空(其工作人员、雇员、母公司、子公司或分支机构)、其第三方许可方和供应方都不对以下情况负责任:(i)任何直接、间接、特殊、继起及偶然的伤害,包括但不限于由服务的使用、部分使用或不能使用而产生的利润、收入和数据等方面的损失,不论索赔类型和行为的性质,包括但不限于在合同、侵权、疏忽或严格法律责任下产生的责任,即使汉雅星空已被告知此类索赔或损害发生的可能性,或 (ii) 任何其它第三方对用户提出的索赔。

22. 解释及法律:
本协议的最终解释权归汉雅星空。用户和汉雅星空一致同意有关本协议以及协议的任何附录、修正、补充和其它变更,以及由它产生的用户和汉雅星空的关系都应按照汉雅星空住所地(即中华人民共和国)法律予以处理,但不引用其法律冲突的原则。


 

BBtalk Terms of Service

1.1. These terms of service constitute the agreement between BBtalk (we or us) and the end user (you, your or customer) of BBtalk services. By activating or using any of the services, you represent that you are of legal age to enter this agreement and that you have read and understand the terms and conditions of this agreement.

1.2. Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.

2. Our Services

2.1. We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.

2.2. You understand that the VoIP service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavours to make our services available to you at all times, however things beyond on control such as power outages or the performance of your internet connection may disrupt the service we provide.

2.3. You accept that our services are not required to support emergency calls

2.4. We do not provide or support your broadband internet connection. You accept that BBtalk might not be compatible with non-voice communications equipment such as home alarms, fax machines, Sky Digital and St John Alarms.

 

3. Charges and payment

3.1. To use our payable services you must have a credit balance on your account. You must deposit a credit balance onto your account

3.2. We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www.BBtalk.co.nz

3.3. You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.

3.4. If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.

3.5. No refunds will be provided for any unused credit balances.  A credit balance for an account that has been inactive for 6 months will be lost.

 

4. Using our services

4.1. You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone's rights or in a way which is malicious, obscene or offensive.

4.2. You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.

4.3. We can suspend or restrict the services we provide you at anytime if:

i) you resell any of our services;

ii) you do not use the service sensibly and within our reasonable use guidelines set out in 4.4 below;

iii)  we believe that you have breached any of our terms and conditions.

4.4. Unlimited local and worldwide minutes on BBtalk personal Plans are available on the basis of reasonable use.  If you use the service in a way that is inconsistent with the normal use for your service or plan we may:

i) monitor and investigate your usage; and

ii) suspend and/or withdraw the Service; or

iii) charge our standard per minute rate for additional calls

4.5. Unless Customer purchases BBTalk Small Business Plan, Customer acknowledges that he or she has purchased residential services under one of BBTalk's plan offerings ("Plan") for Customer's personal, residential, non-business and non-professional use. Customer agrees that the Services are not intended for any commercial or governmental activities, including without limitation to home office, business, sales, tele-commuting, telemarketing, autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with residential use. BBTalk reserves the right to terminate service to any Customer who uses a residential plan primarily for business purposes.

Customer agrees to use the Service and Equipment only for lawful purposes. Customer aggress not to use the Services for any communication of any kind which in BBTalk's sole discretion would constitute and criminal offense or otherwise constitute a violation of any local, state, federal or international law or encourage conduct which would violate any such law.

Customer may not resell or transfer the Services or the Equipment to any other person without the prior written consent of BBTalk, which consent may be withheld in BBTalk's sole discretion.

Customer understands and agrees that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service offering by BBTalk. The Service is subject to different regulations than telephone service. This treatment may limit or otherwise affect your rights to redress.

4.6. If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by BBtalk.

 

5. Phone Numbers

5.1. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights.

5.2. If we need to change your number we will send you notification by email and give you as much notice as possible

5.3. We can withdraw or terminate any number at any time without liability, particularly if you do not comply with the instructions for use provided by BBtalk.

5.4. You may be able to port your BBtalk number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider.  We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number.  You will be responsible for all costs associated with porting the number.

5.5. If your account is inactive for more than 6 months or disconnected and you have not ported the associated phone number(s), we may at our sole discretion reallocate the numbers associated with your account.

 

6. Term

6.1. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.

6.2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.

6.3. In order to terminate your service, you must email BBtalk at the following address support@vnet.net.nz.  Termination will not take effect until the end or your current prepaid month.

 

7. Liability

7.1. We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):

i) if any communication is intercepted, not properly transmitted or received;

ii) for any disruptions or delays with the use of our services;

iii) for any incompatibility with other services;

iv) if any software we supply does not operate properly; and

v) for any equipment or network failures.

7.2. We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.

7.3. If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.

7.4. You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.

7.5. Nothing in this clause limits any rights you have under the Consumer Guarantees Act.

 

8. Privacy

8.1. We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, contact phone number and credit card information.

8.2. Any personal information we collect is kept at our offices at Level 4, 110 Symonds Street, Auckland. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.

8.3. We utilise the public internet and third party networks to transmit voice and other communications and we are not liable for any lack of privacy with the service.

 

9. Changing these terms

9.1. We can change these terms from time to time by giving you as much notice as reasonably possible.  We will inform you of any change to our terms by emailing you by providing relevant information on our website. The latest terms and conditions are available at www.BBtalk.co.nz.

 

10. Notices

10.1. BBtalk will communicate with you primarily via email.  Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address.  We may also obtain personal information from your use of our services.

10.2. If your contact email address changes you must advise us of the new details as soon as possible.

10.3 You agree that sending a message to your contact email address is the agreed means of providing notification.  Notifications include information about the service, billing, changes to services and other information.  You are required to read any email send to your contact email address in a timely manner to avoid any potential disruption to your service.

 

11. Other Matters

11.1. These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.

11.2. You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.

11.3. A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.

 

Unlimited calling service subject to residential use term and condition:

Unless Customer purchases BBTalk Small Business Plan, Customer acknowledges that he or she has purchased residential services under one of BBTalk's plan offerings ("Plan") for Customer's personal, residential, non-business and non-professional use. Customer agrees that the Services are not intended for any commercial or governmental activities, including without limitation to home office, business, sales, tele-commuting, telemarketing, autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with residential use. BBTalk reserves the right to terminate service to any Customer who uses a residential plan primarily for business purposes. 
Customer agrees to use the Service and Equipment only for lawful purposes. Customer aggress not to use the Services for any communication of any kind which in BBTalk's sole discretion would constitute and criminal offense or otherwise constitute a violation of any local, state, federal or international law or encourage conduct which would violate any such law. 
Customer may not resell or transfer the Services or the Equipment to any other person without the prior written consent of BBTalk, which consent may be withheld in BBTalk's sole discretion. 
Customer understands and agrees that the Service is not a telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between telephone service and the Service offering by BBTalk. The Service is subject to different regulations than telephone service. This treatment may limit or otherwise affect your rights to redress before Federal or State agencies.