Raider Internet Terms and Conditions of Service

In these Terms and Conditions, "Raider", "we" or "us" mean Raider Internet Limited, and "you" means you, the customer.

Contents
Terms and Conditions Binding
Your Information
Payments
Security
General Customer Terms
Raider Responsibilities
Suspension of Services
Liability and Indemnification
Assignment
Waiver
Severability

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

Your Information
Information you provide
You agree to ensure that all the information you give us is correct and complete. You agree to advise us of any changes to that information. You agree to inform us promptly of any changes to your contact details by e-mailing accounts@raider.co.nz.

Collecting and storing your information
When you register as a customer with us, and while you remain a customer, we may collect personal information about you. This information will be collected from you and from others (such as credit reference agencies), and from our systems and equipment.

We will store your personal information securely in our database. If you register your credit card details with us, we will encrypt and store them in a way that ensures they are secure and only accessible by our Accounts Department. Upon closure of your account, we will:

• Erase your credit card details from our database within 24 hours, of your account being settled;
• Erase your personal information from our database within 12months (except that if you owe us money, or there is a dispute between us and you, your information will be kept in our database until payment is made or the dispute is resolved).

Using your information
We may disclose your personal information to our employees and contractors, ourrelated companies, credit reference agencies and debt collection agencies so that we can:

• provide services to you and others;
• invoice you for services we provide;
• obtain payment for our services from you;
• inform you of services available to you from us;
• monitor your compliance with these Terms and Conditions;
• exercise any rights we may have against you in law.

We may disclose your personal information (other than your name and physical address) to network operators to enable you to use their and our services.
We may disclose your personal information to law enforcement authorities, such as the Police or the Department of Internal Affairs, when we think it necessary (such as when disclosure will help detect unlawful behaviour).

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

Payments

Your responsibilities:

You agree:

• To pay the specified fees for the services to which you subscribe by the due date (14 days from the date ofthe invoice), regardless of whether it is you who uses them;
• That unless the law requires a refund to be made, all payments are non-refundable;
• That if you have a genuine dispute in relation to any amount in an invoice, you MUST pay the undisputed portion of the invoice by the due date for payment, and notify us promptly of the disputed amount and the reason it is disputed. We will investigate your claim, and you agree to abide by the outcome of our investigation. We are not obliged to investigate a disputed amount if you do not notify us about it within 30 days.

Our Rights:
If any payments are overdue, we may close your account and refer the debt to our debt collection agency, and you will be responsible for the costs of collection of that debt (our debt collection agent may charge you a debt collection fee of $25.00 or 25% of the debt, whichever is the greater, and the debt collection agent's costs, legal and other, arising from the collection of the debt. This term is intended to be for the benefit of and enforceable by our debt collection agent under the Contracts (Privacy) Act 1993);

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

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

Security
You agree to maintain the security of your account. You agree not to give your password to anyone else, to change your password regularly, and to change your password when we ask you to do so.

You agree to notify us immediately if you suspect that another party may have gained access to your account, or maybe using any of the services to which you have subscribed.

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

General Customer Terms

Your responsibilities

You agree:

• That you are at least 18 years of age and that you are authorised and ableto pay for the services to which you subscribe;
• That you are responsible at all times for any use of the services you subscribe to, and you will ensure that anyone else who uses those services also abides by these Terms and Conditions;
• To use the services for the purpose for which they are provided;
• To ensure that none of our services are resold except with our prior written consent;
• To comply with New Zealand law, in particular, you agree not to use the services for any illegal, unlawful, or offensive act including:
  • Uploading or transferring any illegal or offensive material (including material that is injurious to others either through loss of dignity or physical harm);
  • Uploading or transferring any copy written files, pictures or software without the permission of the copyright owner;
  • In any way causing, or helping to cause, the security or integrity of our or any other computer system to be compromised;
• Not to use the services in any way which could adversely affect our ability to provide the services to you or to any other customer.
• You 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.
• To be a responsible citizen of the Internet. In particular, you agree to respect the privacy of other Internet users, and that any messages you post to Internet forums (e.g. newsgroups, IRC etc.) will be posted only to those groups which are within the topic of discussion. You will refrain from spamming or any form of bulk,unsolicited mail;
• To keep the e-mail sitting on our servers to a minimum. E-mail that is sitting on our servers when your account is closed will be deleted after 30 days;
• To give us 30 days' written notice if you wish to close your account (you are responsible for all charges incurred, and anything done with the services to which you have subscribed, until the end of that 30 day notice period);
• To provide reasonable access to our employees, contractors and authorised representatives to carry out any work required for the commencement and ongoing provision of our services to you, and for the maintenance of our network or the network of any other carrier;
• To indemnify us against all costs, expenses, loss or liability incurred by us arising from any breach of these Terms and Conditions by you (other than a breach that arises from an event beyond your reasonable control) or from any negligent, fraudulent or unlawful act or omission by you.
• That if you are acquiring our services for the purpose of a business or use our services for such purpose, then the Consumer Guarantees Act 1993 shall not apply in relation to those products and services.

Raider Responsibilities

We will:

• Take reasonable care to ensure that our services are available 24 hours a day;
• If services become unavailable, take all reasonable steps to restore the services as soon as possible;
• Provide an 0900 Help Desk service during normal business hours 8.00am – 10.30pm Monday to Sunday (our Help Desk is intended to assist with common or minor problems only);
• Use our best endeavours to ensure Help Desk staff use reasonable skill and care when giving advice;
• Monitor our system and take all reasonable steps to prevent the compromise of system security;
• Inform you, via e-mail or by posting a message in an appropriate location on our web site, or by any other appropriate means, of any changes to the charges for the services to which you have subscribed

• Refuse your subscription to any of our services without giving a reason for such refusal;
• Suspend or terminate your subscription to any of our services, at our discretion.
• Without limiting the foregoing, we may:
  • Suspend or disconnect you from our network, and discontinue providing our services to you, if you do not meet all of your obligations under our contract with you (in this case, you may have to pay a recommencement fee before you can use our network again);
  • Suspend or disconnect you from our network if a carrier suspends or interrupts its service to us in a way which affects our ability to provide our services to you;
  • Suspend or restrict a service in an emergency or whenever doing so is considered necessary to protect persons, systems or other property.
  • Our normal charges, as set out in our web site, will continue to apply during any period of suspension or disconnection.

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

We are not liable to you:

• For any loss of profit, or any consequential, incidental or indirect loss or damagesufferedby you;
• For any defect in the quality of the Internet services which can be attributed toequipmentprovided by you;
• To the extent that any breach by us was caused or contributed to by yourbreach of these Terms and Conditions or by your negligent, fraudulent or unlawful act or omission;
• For any access or alteration to, or loss, theft or destruction of data files, programs, procedures or information caused by any third party that has achieved access to the network.

Our liability under these Terms and Conditions shall not exceed:

• The aggregate of the amounts billed to you (excluding GST) under our two most recent invoices immediately preceding the occurrence of the breach, in respect of any one breach; and
• $1,000 in any twelve (12) month period, irrespective of the number of breaches in that period.

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

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

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

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

PO Box 11 809
Wellington, Ph: 0900 RAIDER
E mail: info@raider.co.nz
Helpdesk Hours: 8.00am – 10.30pm