Terms and Conditions

1. Our agreement with you

Set out below are Vodafone's standard terms for Internet services customers. These are the main terms of our agreement with you. Additional terms apply to some of our Internet services. If we are providing you with any Internet services to which our additional terms apply then we will either send you a copy of the applicable additional terms or make a copy available for you to view at www.paradise.net.nz. These additional terms will also form part of our agreement with you. If these standard terms conflict with any additional terms, then the additional terms will take precedence.

These terms apply from 1 October 2006 and replace any agreement you already have with us.

By using our Internet services or continuing to use our Internet services after 1 October 2006 (if you are already a customer), such use means you accept these terms.

2. Definitions

In these terms, “we”, “us” and “our” means Vodafone NZ Limited, “you” means you, our customer.

“Internet services” means the Internet services that we offer.

3. Our commitment to you

If you are not already receiving Internet services from us we will begin providing the Internet services to you within a reasonable time after you order them.

We will always do our best to make sure that you receive reliable and high-quality Internet services. We cannot however guarantee that our Internet services will always:

  • operate free of faults;
  • be free from viruses, other harmful programmes or disabling features; and
  • be secure or private.
If you do encounter a fault in our Internet services you should contact Customer Services and we will work to restore the service as soon as possible. We will not be responsible for fixing any fault with the Internet services that occurs because of a fault in your equipment or because you have used the Internet services incorrectly or because of any other event beyond our reasonable control, such as problems with the Internet or viruses.

From time to time we may temporarily suspend or restrict the Internet services so that we can carry out maintenance and development work on our network. We will always try to give you as much advance notice as possible.

4. Your responsibilities

Except where we tell you otherwise, you are responsible for providing the telephone line, modem, computer, hardware, software and all other equipment required to use the Internet services. It is your responsibility to keep your systems secure and free of viruses.

In return for us providing the Internet services to you, you agree to:

  • pay for all the Internet services that we provide to you (including any additional usage charges) by the due date for payment;
  • follow our reasonable instructions about using the Internet services that we may notify you of from time to time;
  • use the Internet services in a reasonable and responsible manner and in accordance with our Acceptable Use Policy (which is available at http://www2.paradise.net.nz/acceptable-use-policy.html);
  • only use the Internet services for the purposes that they are provided for;
  • not use the Internet services in any way that is unlawful (including under any law passed after the date of this agreement) or offensive or could interfere with our network, any other operator’s network or with another customer’s enjoyment of our services;
  • not use the Internet services to publish or distribute any information, software or other material which is unlawful or which a reasonable person would consider offensive, abusive or defamatory (flaming);
  • not use the Internet services to send unsolicited electronic mail to any person for the purposes of advertising or promoting any organisation (spamming);
  • not use the Internet services to gain or attempt to gain unauthorised access to any computer systems or in a manner which infringes our rights or the rights of any other person;
  • not use the Internet services to knowingly transmit any virus or other disabling feature;
  • take all reasonable care to prevent the spread of viruses, or contamination by virus, of any software or hardware operated by any other person;
  • ensure that all personal information that you give us is correct, current and complete and provided in a timely fashion;
  • notify us immediately if any of the personal information that you have provided us changes; and
  • make sure that anyone else who uses the Internet services that we provide to you also abides by the terms of this agreement.
You will be responsible for protecting your computer against any virus, unauthorised access or spam. We recommend that you install appropriate firewalls, spam filters and anti-virus software as we do not provide any spam or virus protection with the Internet services (except for the email filtering services described below) and you will be responsible for any additional traffic that may result from any virus, spam or unathorised access. Therefore, to the extent permitted by law, we accept no liability in relation to any virus, unauthorised access or spam experienced by you. However you are responsible for ensuring the compatibility with the Internet services of, and the support and maintenance of:
  • firewalls, spam filters, anti-virus and other software; and
  • modems and other hardware and software.
You will indemnify us against all liability, losses and costs that we incur:
  • through your failure to do any of the above;
  • through your failure to perform any other obligation that you have under this agreement; or
  • as a result of any claim made against us by a third party as a result of your use of the Internet services, including as a result of material that you generate or disseminate by using the Internet services.

5. Provision of email services

We will always do our best to deliver your email to the destination to which it is addressed whenever this is reasonably possible.

You agree to promptly remove your email from our mail server. We may remove your email data that is in excess of 10 megabytes from our mail server unless you have made alternative arrangements with us. We will not be liable to you for the loss of any such data.

Email identified as being from recognised senders of spam will be automatically blocked from delivery to your mailbox. Other email likely to be spam will be deleted and not reach your inbox.  We will not be liable for any loss or damage that you may suffer as a result of such deletion.

We do not guarantee our email service will:

  • detect all unsolicited “spam” email received by your mailbox;
  • not classify valid email that you receive as spam; or
  • be real time i.e. there may be a delay between sending and receiving email.
We will retain ownership of any paradise.net.nz email address that is allocated to you as part of our provision of the Internet services. If this agreement is cancelled, we may allocate that paradise.net.nz email address to another customer.

6. Our charges and services

You can obtain a free copy of information about our current Internet services and charges by calling Customer Services or by visiting our website www.paradise.net.nz.

From time to time we may decide to change some of our charges. We will give you 10 working days notice before changing our charges.

From time to time we may amend or discontinue our Internet services and/or our packages of Internet services (even if a minimum term applies to those Internet services). Where we do this we will endeavour to give you advance notice of this. If we discontinue an Internet service or a package of Internet services we will endeavour to move you onto the Internet service or package of Internet services that we consider is most similar to the Internet service or package of Internet services that we are currently providing to you.

We reserve the right to charge a monthly maintenance fee if you do not connect to the Internet using paradise.net for 6 months or more.

Where the provision of an Internet service is dependant on a third party providing Internet services to us, we may not be able to provide that Internet service or we may need to terminate that Internet service if the third party is unable or unwilling to provide the Internet services to us. Where this occurs we will provide as much notice as we are reasonably able and will endeavour to provide alternative Internet services to you.

Where you do not agree to the changed Internet service or package, or us moving you onto another Internet service or package, then except in the circumstances set out in the next paragraph but notwithstanding anything else in these terms you may cancel that Internet service or package within 5 working days of receiving our notice.

Notwithstanding the above, we are free to choose the manner in which and the technology by which we provide an Internet service. Where we change the manner or technology by which we provide an Internet service this shall not be a reason for you to terminate the Internet service, provided that the Internet service itself remains materially similar.

While we will endeavour to make Internet services available to you where we can, not all Internet services will be available to all customers and not all Internet services will be available in all areas.

7. Paying your bill

Fixed charges will be payable one month in advance. Any additional usage based charges will be payable in arrears.

Please contact Customer Services if you have any questions about your bill. If we agree that we have made a mistake then we will correct the bill. If we find that there is no mistake and the due date for payment has already passed, you agree to pay your bill straight away. If you have not contacted us before the due date shown on your bill then you agree to pay the full amount.

If your account is overdue, we may:

  • suspend any of the Internet services that you have asked us to provide;
  • charge you any temporary disconnection charge; and
  • continue to charge you any fixed monthly charge applicable for those services during the period of suspension.
If you do not pay your bill on time and we have to spend money on collecting overdue amounts from you then you will reimburse us for those costs.

Part payment of your bill will not amount to a full and final settlement unless we have agreed to this in writing.

Sometimes charges will not show on your bill until some time after the month in which they were incurred. You will still be liable for such charges.

8. Changing service provider

You acknowledge that where you are changing service provider:

  • if we are your new service provider we will only provide those services agreed with you, and if there are some services we cannot provide, you will need to ensure these will continue to be provided to you by your previous service provider;
  • there may be consequences (such as changes in price or availability of service) with your previous service provider for services still provided by it;
  • you remain subject to the terms and conditions of use of your previous service provider for services provided by it and you will remain liable for all charges that you owe to it, including unbilled charges and termination charges; and
  • we may charge you on behalf of your previous service provider for any services provided by it that it has not previously invoiced you for.

9. Credit arrangements

You may have to pay us a deposit before you can use, or continue to use, our Internet services. We will tell you when this is required.

10. Ending your agreement with us

A minimum term may apply for some or all of the Internet services that you subscribe to from us. We will tell you when this applies.

Unless a minimum term applies to an Internet service, you may ask us to stop a particular Internet service or cancel this whole agreement at any time and for any reason by post, fax or by emailing us from your paradise.net email address and by giving us 5 working days notice. If a minimum term applies to a service you may stop that service at the end of the minimum term or at any time after the minimum term, in the same way as you are entitled to stop any other Internet service. (Any cancellation by you before the end of a minimum term will not be effective until the end of the minimum term unless we have agreed with you otherwise.) You can do this by contacting Customer Services.

We may stop or suspend a particular Internet service or cancel this whole agreement at any time without telling you if:

  • you do not pay for any of our Internet services by the due date shown on your bill;
  • you give us incorrect information;
  • you have not given us a deposit we have asked for; or
  • we consider that you have not complied with these terms and conditions, including your obligations under paragraph 4.
We may stop or suspend a particular Internet service or cancel this whole agreement (even where a minimum term applies to any Internet service(s)) at any time and for any other reason so long as we have tried to tell you in advance.

We may stop providing you with an Internet service without telling you if you do not use the Internet service for at least 6 months (even where a minimum term applies for that Internet service).

If either of us cancels this agreement for any reason you will:

  • be liable for any applicable disconnection and early termination fees, unless you are terminating because we have changed an Internet services;
  • still have to pay for all services that we provide to you up until the effective date of cancellation; and
  • pay any fixed monthly charges until the effective date of cancellation or the end of your current billing period (whichever is later), unless you are terminating because we have changed an Internet service.
If you seek to cancel an Internet service then we may also choose to stop the Internet service immediately but still charge you for it until the end of your current billing period or until the effective date of cancellation (whichever is later).

In some circumstances, terminating one Internet service may result in us terminating some or all other Internet services that we provide to you.

You agree that clauses 4, 10, 11, 15 and 16 will survive cancellation of this agreement.

11. Collecting and using information about you

You agree that we can collect information about you (such as your home address and phone number and evidence that you will be able to pay for the Internet services) and the ways in which you are using the Internet services. We will ask you for this information or we will obtain it from our records. You agree to ensure that all information you give to us is correct and complete.

You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations, including:

  • Providing you with Internet services;
  • Sending you bills;
  • Checking your creditworthiness;
  • Looking at ways in which we can improve our services and develop new services;
  • Providing aggregated user information to third parties (without at any time disclosing personal information about any identifiable individual); and
  • keeping you informed about new services and changes to existing services that we offer.
You also agree that we can use information that we have collected about you to keep you informed about services offered by our carefully selected business partners.

In addition to the terms set out here, our Privacy Policy (which is available at http://www2.paradise.net/privacy-policy.html) will also apply to the collection of your personal information. We will also comply with our Privacy Policy in dealing with any personal information provided by you via the Internet services.

You agree that we may cancel this agreement (even where a minimum term applies to Internet service(s) we are supplying) if you request us to stop sending you any information about new services and changes to existing services that we offer or information about services offered by our carefully selected business partners.

You agree that we may monitor and/or record calls made between you and Customer Services for the purpose of maintaining and improving the quality of our service.

You may ask to see information that we have about you and you may ask us to correct any errors. You can do this by contacting Customer Services.

12. Security and your account

Where we allocate you a password or a security code to use in connection with the Internet services or to access your account information, then you will be solely responsible for maintaining security around that password or security code. You must change the password at regular intervals and at any time we request you to. You will notify us as soon as possible if you become aware of any misuse or breach of security in relation to your password.

You will be liable for any use (authorised or unauthorised) of the Internet services by any person using the password allocated to you, including any charges associated with that use.

You may nominate a representative (who must be over 18 years) to have access to your account information and to make changes to your account, such as cancelling or adding on Internet services. If you do this, you will still be responsible for paying for all the Internet services that we provide to you.

13. Personal Properties Securities Act 1999 (PPSA)

You may require us to provide certain equipment to you to enable you to use the Internet services provided to you.

If we provide any equipment to you, you agree that:

  • you will not sell, lease, dispose of, or allow any other person to take a security interest in the equipment; and
  • where the equipment has a total value in excess of $1,500 we can register a financing statement on the Personal Property Securities Register (PPSR) to reflect our interest in the equipment.
Where we exercise our right to register a financing statement, you also agree to:
  • provide us with such information as we reasonably request to enable us to register a financing statement on the PPSR;
  • inform us immediately in writing if you intend to change your name, address or contact details; and
  • to the extent permitted by law you waive your rights under Part 9 (Enforcement of Security Interests) of the PPSA.
      14. Installed services

      If we are providing Internet services to you that require equipment to be installed or connected in your home or on your business premises (whether installed or connected by us or another service provider), the terms set out below will apply:

      (a) Installation

      We will arrange a time with you to install the Internet services at your home or business premises. If you live or work in rented premises then you agree to ensure that your landlord is happy for us to install our Internet services at those premises. Where we attend at your home or business premises at the arranged time and are not able to gain entry we may charge you for that attendance.

      We may require you (or your nominated agent) to provide us with proof of identity before commencing work. Once we have finished work we may ask you to confirm that the installation has been completed to your satisfaction. If you are not going to be at your home or business premises on the day scheduled for the install then you may nominate an agent (who must be over 18 years old) to do this on your behalf.

      You must pay for all costs of installation, including any additional costs resulting from non-routine installations (please see http://customerzone.vodafone.co.nz   for our current routine installation guidelines). We will try to tell you in advance if any additional costs will be payable.

      We reserve the right not to connect Internet services to your household or business for any reason including where Vodafone considers it uneconomic or unsafe to do so. We may exercise this right at any time even if we have accepted your application for Internet services.

      (b) Use of services

      You may only use our installed Internet services at the location where we have installed them. If you move house or business premises and your new address is in our connectable area then you can ask us to install our Internet services at that address.

      (c) Caring for our equipment

      We will remain the owner of any equipment that we locate at your home or business premises to enable you to use the Internet services, such as cabling and cable modem. We will remain the owner of this equipment at all times, even after cancellation of this agreement. You will not do anything that affects or is likely to affect our ownership rights in the equipment. We can at any time, replace or change any part of the equipment so long as the Internet services are not unreasonably interrupted.

      We will always do our best to make sure that our equipment remains in good working order. We cannot guarantee that our equipment will never break-down, but if you do encounter a problem then please contact Customer Services and we will repair or replace any defective item as soon as possible.

      In return for allowing you to use our equipment, you agree to:

      • follow our reasonable instructions about use of the equipment;
      • not tamper or interfere with our equipment (including introducing any viruses or disabling mechanisms into our equipment). (Please contact Customer Services before carrying out any home or business premises renovations);
      • contact Customer Services if the equipment is lost, stolen or damaged;
      • take responsibility for repairing or replacing any item of equipment that is lost, stolen or damaged while under your control. (We recommend that you cover this risk under your insurance policy);
      • give our personnel safe access to your home or business premises so that they can install, maintain and/or disconnect our equipment or for any other reasonable purpose; and
      • return any equipment you rent from us when you terminate or we stop providing the rental service, unless we agree otherwise. If you don’t return the equipment, we may continue to charge you rental for it.
      We may at any time and for any reason ask you to return some or all of the equipment that we have located at your home or business premises. If you do not exchange or return it to us when we ask, then we may bill you for the standard replacement charge for the item in question.

      15. Consumer Guarantees Act 1993

      You can exercise your rights under the Consumer Guarantees Act 1993 (CGA) at any time unless you use, or have indicated you will use, our services for business purposes in which case we exclude all warranties implied under the CGA in respect of the Internet services.

      16. Our liability to you

      Except as required by law or specifically stated in these standard terms or any additional terms we:

      • make no representations about the suitability, reliability, availability, lack of viruses or other harmful features of the Internet services which are provided “as is” without warranty of any kind, including implied warranties of merchantability, fitness for purpose and non-infringement of the rights of any third party; and
      • are not responsible in any way for the content or quality of the material that you obtain from the Internet as a result of your use of the Internet services.
      To the extent allowable by law:
      • our liability for any claim, damages, loss or expense that you incur as a result of anything we have done or not done is limited to $5,000 for any event or series of related events and $10,000 for all events occurring in any 12 month period of your agreement with us; and
      • we will not be liable for any loss of data or any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person or any loss to the extent that it is caused by you, for example through your negligence or breach of contract.
      17. Liability of third parties to you

      Except as required by law, the following people will not be liable to you for any reason:

      • our employees, contractors and representatives;
      • other network operators who use our network and allow us to use their networks, and their employees, contractors and representatives; and
      • any person who provides any service which is part of our Internet services, and their employees, contractors and representatives.

      18. Sending bills and notices to you

      We will send your bills and any other notices to the latest postal address or to the latest paradise.net.nz email address that we have allocated to you as part of the Internet services we provide. It is important you tell us straight away about any change to your postal or email address. You can do this by contacting Customer Services.

      19. Changing these terms

      We may change these terms or any additional terms. Except where we have specifically stated in these standard terms or any additional terms another basis on which we may change these terms, we will always give you at least 5 working days’ warning of any change, either in writing to the same email or postal address to which we can send your bills or by notices in major city newspapers. You can always contact Customer Services to request a copy of the current terms of your agreement with us or view a copy of those terms at http://www2.paradise.net.nz/terms.html.

      20. Transferring this agreement

      We can transfer some or all of our rights and obligations under this agreement. If we do this we will try to tell you in advance. You agree not to transfer any of your rights and responsibilities under this agreement to anyone else.

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      Paradise.net Product Specific Terms and Conditions

      Paradise Primary Plan

      In addition to paradise.net standard Terms & Conditions, the following Terms & Conditions apply to paradise.net's Primary Plan:

      • This section applies if you subscribe to the Paradise Primary Plan ('Plan')
      • All paradise.net plans are prepaid and operate on a 28 day billing cycle with the exception of plans bundled with other TelstraClear services which are based on a monthly billing cycle
      • You may cancel your subscription to the plan at any time, but the cancellation will not take effect until the expiry of the period for which you have been charged
      • Subscribing to the Plan does not entitle you to a permanent Internet connection
      • To ensure that all our customers are able to connect to the internet whenever they wish, TelstraClear reserves the right to disconnect users who in our sole opinion have been connected or inactive for an unreasonable period. Disconnected customers may reconnect immediately
      • Simultaneous logins are not permitted
      • Unused dialup internet hours cannot be carried forward to subsequent months
      • Additional dialup internet hours are charged at $2 per hour or part thereof

      Paradise 150 Plan

      In addition to paradise.net standard Terms & Conditions, the following Terms & Conditions apply to paradise.net's 150 Plan:

      • This section applies if you subscribe to the Paradise 150 Plan ('Plan')
      • All paradise.net plans are prepaid and operate on a 28 day billing cycle with the exception of plans bundled with other TelstraClear services which are based on a monthly billing cycle
      • The Paradise 150 Plan base charges will entitle you to 150 hours of dial-up internet time online
      • You may cancel your subscription to the plan at any time, but the cancellation will not take effect until the expiry of the period for which you have been charged
      • Subscribing to the Plan does not entitle you to a permanent Internet connection
      • To ensure that all our customers are able to connect to the internet whenever they wish, TelstraClear reserves the right to disconnect users who in our sole opinion have been connected or inactive for an unreasonable period. Disconnected customers may reconnect immediately
      • Simultaneous logins are not permitted
      • Unused dialup internet hours cannot be carried forward to subsequent months
      • Additional dialup internet hours are charged at $2 per hour or part thereof

      Paradise 250 Plan

      In addition to paradise.net standard Terms & Conditions, the following Terms & Conditions apply to paradise.net's 250 Plan:

      • This section applies if you subscribe to the Paradise 250 Plan ('Plan')
      • All paradise.net plans are prepaid and operate on a 28 day billing cycle with the exception of plans bundled with other TelstraClear services which are based on a monthly billing cycle
      • You may cancel your subscription to the plan at any time, but the cancellation will not take effect until the expiry of the period for which you have been charged
      • Subscribing to the Plan does not entitle you to a permanent Internet connection
      • To ensure that all our customers are able to connect to the internet whenever they wish, TelstraClear reserves the right to disconnect users who in our sole opinion have been connected or inactive for an unreasonable period. Disconnected customers may reconnect immediately
      • Simultaneous logins are not permitted
      • Unused dialup internet hours cannot be carried forward to subsequent months
      • Additional dialup internet hours are charged at $2 per hour or part thereof

      Spam & Virus Protection

      In addition to paradise.net standard Terms & Conditions, the following Terms & Conditions apply to paradise.net's Spam & Virus Protection:

      • Our Spam and Virus protection services are email filtering services and are only available in relation to email collected from a paradise.net mailbox (eg. if there is a forwarding rule on your paradise.net mailbox, email directed to that mailbox will not be filtered).
      • For the purpose of these terms and conditions, spam means unsolicited bulk email messages that are delivered to your mailbox for promotional or advertising purposes.
      • Our virus protection service is designed to detect only known and detectable viruses that may be transmitted by email passing through our mail servers. A virus transmitted by email may not be detected by our virus protection service for a number of reasons including the fact that the virus is very new and we have not received a virus signature for that virus. Accordingly we do not guarantee or represent that our virus protection service will detect and/or remove all viruses.
      • You acknowledge that you may experience a delay in receiving email in respect of which a virus is detected, while that email is processed by our virus protection service.
      • To further protect yourself against viruses (including viruses that may be spread by means other than email (eg. by disk)) we strongly recommend that you install and regularly run up-to-date anti-virus software on your computer.
      • Spam may not be detected by our spam protection service for a number of reasons including where you receive spam before we receive the signature for that spam. We do not guarantee or represent that our spam protection service will:
        • detect all spam received by your mailbox; or
        • not classify valid email that you receive as spam although we will use reasonable endeavours to ensure that this is not the case.
      • Spam detected by our spam protection service will be deleted and not reach your inbox. We accept no liability for any loss or damage that you may suffer as a result of such deletion. 
      • To further protect yourself against viewing unsolicited email we also strongly recommend that you treat with caution any email that you receive from a sender that is unknown to you.

      Domain Names

      In addition to paradise.net standard Terms & Conditions, the following Terms & Conditions apply to paradise.net's Domain Names:

      Paradise.net offers a bundled Domain Name Service. That means that if you register your domain name, with paradise.net, you must also have your Domain Name hosted on the paradise.net DNS servers.

      1. The Registrar's Obligations
      We agree that we will:

      1. comply with all .nz policies;
      2. disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
      3. comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
      4. process any new .nz domain name registrations with the registry within 24 hours from the time we receive all the information required to complete a registration if it is within the hours of 9 am.- 5pm Monday-Friday, and otherwise within 48 hours;
      5. notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
      6. arrange for correction of any error in the information in the register about any domain name registered to you when requested;
      7. provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
      8. take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
      9. comply with any order of any authority having jurisdiction regarding any domain name registered to you;
      10. use our best endeavours to deal with any complaints you may have about the services we provide for you.

      2. The Registrant's Obligations
      You agree that you will:

      1. comply with the .nz policies. You agree that you have read and understood the current policies;
      2. make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
      3. keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
      4. satisfy yourself that your use of a domain name will not infringe anybodys intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
      5. ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
      6. ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
      7. protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
        Duties of Other Persons
      8. You agree to make sure everyone you are responsible for or who uses a domain name registered to you, also meets the above duties.

      3. Registration of a Domain Name
      When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:

      1. that the following information becomes available to any member of the public:
        • your name,
        • your contact details and
        • the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
      2. the domain name is registered in your name only because no other person has it according to the records of the register; and
      3. neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
      4. that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

      4. Register is the Record
      For all purposes the details shown in the register shall be treated as correct and the authoritative record.

      5. Transfer
      If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.

      6. Suspension And Refusal To Supply Services
      If you do not pay our charges for a domain name registered to you we may:

      • Cancel registration of that domain name; and/ or
      • refuse to provide a service you request.

      7. Cancellation of a Domain Name
      If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.

      8. Exclusion of Liability
      We exclude all liability we may have to you for any claim except where we have breached our obligations under this agreement.
      This exclusion also applies for the benefit of:

      1. InternetNZ, the registry and any other entity we are in any business relationship with;
      2. every officer, employee, contractor, agent of us or any entity in clause 8.1;
      3. anyone else we get to perform our duties under any agreement you have with us.
      None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
      This exclusion applies whatever you are claiming for and in whatever way liability might arise.

      9. Limitation of our Liability
      We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.
      Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.

      10. Law and Jurisdiction Applying to this Agreement
      These terms and conditions apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 13 says otherwise.
      To the extent legally permitted:

      1. all our services are provided under New Zealand law;
      2. any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
      3. except as otherwise stated, you may take action against us only in a New Zealand court;
      4. where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.

      11. More Than One Person
      You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.

      12. Each Clause Separately Binding
      Each clause of the agreement you have with us is separately binding.
      If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.

      13. Rights and Responsibilities that Continue
      The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under clause 2, 4 - 11, and this clause 13.

      Webhosting

      In addition to paradise.net standard Terms & Conditions, the following Terms & Conditions apply to paradise.net's Webhosting:

      • You will not use the webhosting service for any unlawful or offensive act
      • You will be responsible for the content and quality of any material that is contained within any web-site that may be hosted by us for you
      • You will not use the webhosting service to publish or distribute any information, software or other material, which is unlawful or which a reasonable person would consider offensive, abusive or defamatory (flaming)
      • You will not use the webhosting service to gain or attempt to gain unauthorised access to any computer systems or in a manner that infringes the rights of any person
      • If we receive a complaint or we form our own opinion that you are, or may reasonably be said to be, in breach of the acceptable use policy, we may require you to edit the material in question or treat that as a breach of our standard terms and condtions
      • We will take all reasonable measures to back-up your data that is hosted on our servers however we will not be liable in any way for any loss or removal of any data belonging to you, from our servers or system.
      • The webhosting service does not include registration of domain name(s)
      Service Status

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