These terms apply to all consumers of NerdNet Internet & Telephony services.
1.1 “We”, “Us”, “Our” means Engage Technology Ltd trading as Need a Nerd, its successors and assigns, or any person acting on behalf of, and with the authority of, Need a Nerd.
1.2 “You”, “Your” means the person/s requesting Us to provide to You the Services, as specified in any supply agreement, quotation, order, invoice or other document, and if there more than one person requesting the Services is a reference to each person jointly and severally.
1.3 “Services” means interactive access to the Internet provided by Us to You (for Your use), including any computer resources, software, data storage, computer communications facilities, goods, IP address and/or any other equipment supplied ancillary to the Services (“Equipment”) in order to facilitate the provision of Services. Where the context so permits the terms ‘Services’ or ‘Equipment’ shall be interchangeable for the other. Any Equipment supplied to You by Us on a lease basis (for the duration of the Services):
(a) remains Our sole property or (as the case may be) any third-party service provider; and
(b) may be changed, substituted, revoked or repossessed by Us at Our sole discretion at any time; and
(c) is not transferable.
1.4 “Charges” shall mean the cost of the Services (and any associated costs or fees) as agreed between You and Us, subject to clause 5 of this contract, and are quoted, and payable, in New Zealand Dollars ($NZD).
1.5 "Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this contract, either party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, client information and pricing details.
2. Provision of the Services
2.1 No guarantee is given by Us as to the availability (at any or all times) of the Services (including stability and connection speeds of data transmitted when using the Services) as advertised, as such may vary depending on the service kind and delivery infrastructure, including:
(a) whether You are located in a coverage area;
(b) the number of users sharing the network;
(c) the computer hardware and software You use;
(d) general activity on the Internet;
(e) speed and capacity of the server or service being accessed.
2.2 Whilst we may supply Equipment in order to facilitate the provision of Services (e.g. routers, etc.), subsequent replacement of such should any failure thereof occur beyond its warranty period is Your responsibility and at Your cost.
3.1 You are responsible for notifying Us of a service fault as quickly as possible via prescribed communication methods.
3.2 We are responsible for trouble-shooting the source of the service fault, and either rectifying the fault in a timely fashion (i.e. if the fault is within Our network), escalating the fault to the local fibre company (i.e. if the fault is within their network), or advising You that the perceived fault is suspected to be isolated to Your internal network and to seek third party advice and rectification.
3.3 Where You have requested our Service Technicians or Third Party Contractors to attend site to investigate an issue; where the fault is not found to be caused by the Service We provide, you will be charged a No Fault Found Fee of $150.00 plus return travel charged at $1.00 per kilometre commencing from and terminating to our local offices physical address.
4.1 The Services provides access to the Internet and other data related services from Your computer via a wireless connection, subject to available coverage areas and network availability. In areas where the Services are available, We do not warrant that:
(a) the Services will be available in each place within the area where there is coverage; and
(b) drop-outs will not occur; and
(c) there will be no delays in transferring data when switching between bearer and networks; and
(d) there will be no congestion on the network.