Terms Of Use

 

NOT reading this document does not limit your liability regarding your subscription.

 

WombatNET (WNET) provides its customers with a high-speed wireless Internet connection, which we refer to as the “SERVICE”. The Acceptable Use Policies (AUP) are intended to provide protection for our customers and the Internet community, while also allowing WNET to fairly share its network to all customers. WNET may modify the Terms and Conditions of this agreement at any time. The most current Terms and Conditions can be found on the WNET web site at www.wombatnet.co.nz/terms. The prices for service are subject to change. Current prices, as well as WNET AUPs, can be found on our website at www.wombatnet.co.nz/terms. Customer refers to any paying, contracted (under a Service Agreement) individual, organization or business using the WNET service.

 

The customer is solely responsible for the content of communications on the Internet. The service provided by WNET is “as is” and at your own risk. WNET denies any responsibility for the accuracy of information obtained through the service. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. WNET is not responsible or liable for any errors, delays, or interruptions. The customer understands that current regulatory and technical issues prohibit expectation of privacy when using Internet services.

 

WNET does not guarantee uninterrupted service. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of the big man (GOD), WNET equipment malfunction or any natural disaster (including weather). All Internet service is provided on an "as is" and "as available" basis. WNET does not guarantee any loss of service time, transmission errors, connectivity or quality of service. The customer acknowledges and agrees that the service is not intended to be, and will not be used as your primary or “life-line” telecommunications service.

 

The customer authorises WNET or its contractor(s) to install the necessary wiring and Subscriber Unit (SU/CPE) required for wireless Internet service on the premises specified by the customer at the time of installation. The standard installation includes the mounting of an antenna and/or SU/CPE, a wireless transceiver on the outside of the house and/or building, the routing of cable(s) by the most direct path to one computer and/or router on the customer’s premises. Fishing of walls and/or attic crawling is not included with standard installation. The connecting of multiple computers at the customer’s premises may require additional costs in equipment and wiring. Any requests for custom installation work will require additional charges by our contractor(s). WNET and its contractor(s) will not be liable for any alterations or damage to customer’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets; although great care will be used to make the installations reasonably appealing.

 

Wireless Internet communications are dependent on a clear Line of Sight to the Access Point (AP), which is the point where the wireless connects to our broadband ISP partner(s). WNET will make every reasonable effort to provide our customer with the best service possible. Unfortunately, some locations could experience changes in service due to seasonal changes, i.e. spring and summer foliage, which in turn affects the line of sight to the AP. WNET will make every reasonable effort to relocate or realign the SU. However WNET cannot prevent Line of Sight problems, and therefore cannot guarantee service or be liable for any loss of service.

 

WNET will invoice its customers monthly by email only, with the exception of the first invoice which will be

prorated for the remainder of the existing month and will include equipment and set up fee, and is due at the time of installation. The

invoice balance may be paid by bank deposit or direct debit payable to WNET. The payment is due on the first day of the month.

Any account not paid by the 15th day of the month will have their service interrupted. A $10.00 Administration Fee will be required to

enable service. AFTER 30 DAYS LATE THE SERVICE WILL BE TERMINATED. The balance due, plus a $30.00 administration fee,

must be paid in full to reactivate the account. A deposit or full annual payment may be required.

 

WNET may, at its discretion, immediately terminate or reduce service to the customer upon any single or multiple incidents of the following conditions: A. Failure to pay service fees in a timely manner; B. Interfering with the distribution of Internet service to other customers and/or their equipment on the WNET wireless network (see also AUP); C. Propagation of computer viruses and/or spyware (see also AUP); D. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information (see also AUP); E. Unsolicited blanket emailing known as "spamming", (see also AUP); F. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as WNET AUPs.

 

Customer activities that consume unusually large amounts of bandwidth can be multiple computers on the same connection, programs or servers which provide services to others via the WNET network, streaming movies and music and some types of gaming software. When excessive consumption of bandwidth over the Pricing Plan Limit by a customer prevents all customers fair access to the WNET wireless network, we reserve the right to take necessary steps to correct the problem. These steps include, but are not limited to limiting bandwidth, disabling communication protocols, and discontinuing service without prior notice.

 

If at any time WNET discovers that the customer is sharing their service or has networked to others outside of the premises, without the express written consent of WNET, service will be immediately terminated to the customer with no refunds of any kind.

 

Customer agrees to indemnify and hold harmless WNET, it's owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of service, equipment, materials or supplies in connection with the performance of this agreement, to any and all customers and/or any other person, firm, organization or corporation.

 

WNET is not responsible for maintaining or supporting any equipment owned by the customer and is not liable for any damages to the customer’s SU/ CPU, computer(s) or other equipment. For security reasons, customers will have limited log in availability to their SU or CPE while on the WNET network.

 

Spamming is the sending of unsolicited e-mails (see also WNET AUP). WNET will not tolerate any type of spamming. Internet service of a spamming customer will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of service due to spamming.

 

All customers are bound by a signed written service agreement. A customer wishing to cancel service must submit a cancellation request in writing. If the customer cancels service before the corresponding term, they are subject to a $350.00 early termination fee. Any discounted rates or service referral credits shall be forfeited on early cancellations. The customer will continue to be liable under these Terms and Conditions as well as the service agreement for all fees and charges until such time as the service agreement has been properly terminated or we have acknowledged such termination in writing.

 

Refer your neighbour and you’ll receive one-month service credit on your service plan when they make a 36-

month commitment to WNET and remain a customer in good standing for 2 months. Only one credit given per referred new

customer. Limited to not more than 12 credits per customer, per year, will be given (Jan 1 to Dec 31). The name of the referral must be

given at or before the time of installation of the referred new customer.

 

 

Acceptable Usage Policy

 

This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with WombatNET Limited. If you engage in any of the activities prohibited by this AUP document WombatNET Limited reserves the right to suspend or terminate your account and it's associated service/s.

WombatNET Limited's Acceptable Use Policy (the "Policy") for WombatNET Limited Services is designed to help protect WombatNET Limited, WombatNET Limited's customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by WombatNET Limited. WombatNET Limited reserves the right to modify the Policy at any time, effective upon posting at www.wombatnet.co.nz/terms

Prohibited Uses of WombatNET Limited Systems and Services:

1. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

2. Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through WombatNET Limited's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on WombatNET Limited's servers, is prohibited. WombatNET Limited accounts or services may not be used to solicit customers from or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

3. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by WombatNET Limited customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any WombatNET Limited-hosted domain, or referencing any WombatNET Limited account, is prohibited.

4. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.

5. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.

6. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking").

7. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

8. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any WombatNET Limited customers or end-users by any means or device.

9. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the WombatNET Limited network or on another provider's network.

10. Using WombatNET Limited's Services to interfere with the use of the WombatNET Limited network by other customers or authorized users.


Customer Responsibility for Customer's Users

Each WombatNET Limited customer is responsible for the activities of its users and, by accepting service from WombatNET Limited, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of a WombatNET Limited customer will be forwarded to the WombatNET Limited customer's postmaster for action. If violations of the WombatNET Limited Acceptable Use Policy occur, WombatNET Limited reserves the right to terminate services with or take action to stop the offending customer from violating WombatNET Limited's AUP as WombatNET Limited deems appropriate, without notice.

Last Modified: Wed, 31 Jul 19

Privacy Policy

 

WombatNET LIMITED (hereinafter referred to as WNET) are committed to protecting your privacy as an Internet user whenever you buy goods or services from us. WNET will generally be using Stripe Payment Solutions when the cardholder is using a credit or debit card over the Internet, Phone, Fax, Unattended or Integrated EFTPOS system. WNET recognises its responsibility to keep confidential at all times any information which WNET acquires in connection with such a transaction, whether directly from the Cardholder or via our website. WNET protects personal information (at a minimum) to the Payment Card Industry Data Security Standards (PCI DSS). Please note, however; WNET's responsibility is limited to protection by WNET of information which WNET obtains. WNET itself cannot, of course, control the use or disclosure by you of any of your information.​

 

To enable WNET to provide secure payment facilities it will typically request Stripe to acquire information which may include the Cardholder's name, credit card number (with the expiry date) and billing address.
WNET also collects personal information such as name and address for the purpose of creating and maintaining customer accounts.​

 

Stripe uses the information to obtain authorisation of the transaction from the Issuing bank of the credit card and Stripe's own or WNET's bank and to process the payment. Some details from the transaction (such as name, email and delivery address) may be made available to WNET through Stripe's Dashboard which allows WNET to track transactions and process refunds.
Personal customer information will only be used and or disclosed to trusted third parties if required by Law, or to carry out WNET's daily business such as debt collection and customer notifications.​

 

WNET is committed to data security. WNET uses a variety of technologies and procedures to help protect personal information from unauthorised access, use or disclosure. For example, WNET stores the data in computer servers with password-controlled access that are physically located in controlled facilities secured by the latest in surveillance and security technology. When WNET transmits sensitive information (such as personal information), WNET protects it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.​

"

PCI-DSS, the Payment Card Industry Data Security Standard is a set of security requirements relating to the protection of cardholder data. The standard is governed by the PCI Security Standards Council, an organisation put together by most of the major card schemes VISA, MasterCard, American Express, JCB and Discover. It's relevant for any entity that stores or transmits sensitive cardholder data, that being generally things like the PAN (card number), Card security code, track data, PIN block. The current version of the standard is Version 1.2. Preceding PCI-DSS the card schemes had their own standards, the VISA Account Information Security (AIS) standard formed the basis to most of the PCI-DSS requirements."

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WombatNET Limited
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Johnsonville
Wellington 6037, NZ

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