Terms & Conditions

Xtreme's Terms & Conditions for all Internet, Network and PC Services as at Thursday 20th October 2005

1. These Terms

These terms form an agreement under which we agree to provide services for you. In these terms:

"we", "our" or "Xtreme" means Xtreme Networks Limited.
"you" means you, our customer
"service" means any goods or services offered by us and accepted by you.

Goods and services are primarily (but not limited to):

  • Internet connectivity via CityLink Networks fibre network
  • Internet connectivity via TelstraClear cable modem network
  • Internet connectivity via Smartlinx3 wireless network
  • Internet connectivity via Araneo wireless network
  • Internet connectivity via Xtreme wireless network
  • Internet connectivity via Telecom ADSL and dial up modem
  • Email delivery, spam and virus filtering
  • Website hosting
  • Co-location
  • Data cabling

2. Our Commitment to You

We will do our best to ensure our systems are always up and running. Our systems are monitored so that in almost all cases of system failure prompt notification is sent directly to the company directors (who are also qualified technicians) in the first instance by more than one channel of communication. As such, faults are attended to and resolved as quickly as is humanly possible.

We always request you call us on 0800 469 873 to advise us immediately of any issues you may be experiencing in case we have not been made aware of them.
We have no responsibility for the nature, quality or content of any other information you access or make available through using the service and undertake no responsibility to exercise any editorial control over it.

3. Your Commitment to us

In exchange for our services you agree to:
Pay all monies due by the date they are due, overdue charges may incur late charges as detailed in section 5.

Supply us with information as required should we wish to perform a credit check.
Ensure that you or anyone else using the services provided to you, uses the services only for the purpose for which they are provided, and does not seek to use the services in any way that is unlawful or could interfere with our network or equipment or any other operator's network or equipment or cause harm to anybody in any way.

If you are suspected of using our network or equipment for the involvement of spamming or immoral hacking/cracking we reserve the right to suspend your account immediately without notice while investigating, and terminate your account immediately without notice if we believe you have been involved in these activities. Should current or future laws allow civil or criminal proceedings we will consider these courses of action.

With regards to unlimited national traffic, Xtreme Networks neither promotes nor is impressed by peer to peer file sharing for any copyrighted material. Again, should current or future laws outlaw these activities Xtreme Networks will cooperate with investigations and provide information regarding traffic flows or otherwise if so requested.

4. Fault Resolution

We will do our best to provide our service full time although we do not guarantee it will be continuous or fault-free.

Faults We Are Not Responsible For Fixing:

We are not responsible for fixing faults which occur:

  • in your computer or communications equipment including any software used or stored in them.
  • because you use the service incorrectly or because of any other event beyond our reasonable control.

We do provide customer support and can resolve these faults for you, charges will be applicable and should be discussed at the time you request the support. The residential support plan will include support for the software configuration of modems we have supplied and a reduced fee for other support. Modems we supply carry a 2 year return to us hardware guarantee, this will be extended to 3 years should the support option be taken.

We are not responsible for any faults in your buildings phone or data cabling unless agreed to, or any faults on the Telecom network.

Please report any fault by calling our Customer Support on 0800 469 873 or faxing us on 0800 399 873.

Fixing Defects In Software

If we sell you software, when the application has been installed and checked and is running to your satisfaction, we will no longer be responsible for the day to day operation of the software unless a support agreement is in place. Should further support be required charges may be applicable.

Defects in the software we provide to you will be resolved by us for 90 days after we provide it to you. After that, we have no responsibility for fixing any defects in the software.

5. Invoicing, Statements and Fees Due.

Invoices and statements can be sent via email or standard post for residential accounts and business accounts. It is your responsibility to advise us of a change in email or postal address the invoices and statements are sent to, you can call us on 0800 469 873 or fax us at 0800 399 873.

All accounts are due on the 20th of the month following the statement date.

Payments can be paid directly to our ASB bank account number 12 3223 0034041 000, when paying by Direct Credit or other electronic means please ensure you include your Customer Code in the Particulars field of the payment.

Direct Debit is the only payment option for ADSL connections.

Co-Location services require the first month payment at the time of co-location.

Payments are applied to the oldest outstanding amount first.

Accounts which run 1 month or more overdue will incur 2% interest (minimum $5.00) per month compounding until paid, based the total overdue amount from 1 month and older.

Accounts which fall 2 months overdue will have services suspended without notification until the account is current or an agreement has been reached between us and you. Services where there is a direct financial cost to us from another provider will continue to be invoiced at 10% less than our current market rate while services are suspended to cover costs.

It is your responsibility to notify us of a change of billing address, you can call us on 0800 469 873 or fax us at 0800 399 873.

It is your responsibility to cancel any existing accounts and services with any other ISP's should you no longer require them.

It is your responsibility to contact us within 10 working days of receiving your monthly statement if you wish to dispute any invoices in the current period, you can call us on 0800 469 873 or fax us at 0800 399 873.

Any costs incurred in recovering any debts will be passed on to the customer.

6. Service Acquired For Business Purposes

You agree that if you are acquiring our service for the purposes of a business as defined in the Consumer Guarantees Act 1993, the provisions of that Act do not apply to anything we agree to provide as part of the service.

7. Email virus checking and SPAM filtering

Our virus definitions are updated hourly and automatically push updated as new virus definitions are released. This should not be depended on as your sole protection against virus attacks. It is recommended that you also use antivirus software on your PC and/or network.

SPAM filtering is currently managed based on a range of approaches including (but not limited to) black and white lists, heuristics, Bayesian learning and body URL scanning. For accounts @xtreme.net.nz and domain/smtp servers where the paid service is requested filtered email is held on our server for 5 days. One company director has access to this account and checks it to ensure only SPAM email is filtered, legitimate email is passed on to the recipient. This director has worked in places of trust including the banking, sharebroking and access-control industries. He currently holds a license to work for a security guard.

Any queries relating to virus scanning or spam filtering should be directed to nospam@xtreme.net.nz.

8. Term Contracts

CityLink, cable modem and wireless internet connections attract a minimum 12 month contract between the network provider and Xtreme. In the event of an early cancellation you accept that you will be liable for an early cancellation fee. This fee is determined by the network provider on a case by case basis and is passed on to you at our cost price.

9. Changing These Terms

We may change these terms by changing or removing existing terms or by adding new ones. Changes may take the form of completely new terms. You will be notified in the monthly statement run as to any impending changes to our terms and conditions which will come into effect on the 15th of the month following the statement date. Our Terms and Conditions can always be reviewed at www.xtreme.net.nz/terms.php.

10. Ending The Service

If you want to cancel the service, please contact us on 0800 469 873, write to us at PO Box 13-485, Johnsonville, Wellington, faxing your request to us on 0800 399 873.

Our rights to withhold, suspend, restrict or terminate the service are set out in Sections 3 and 5 of these Terms and conditions.

11. Pricing

Our pricing may vary from time to time. You will be notified in the monthly statement run as to any impending changes to our pricing structure. New pricing will come into effect one month following the statement date.

12. Co-Location

Co-Location appliances are not to engage in peer to peer file sharing of any form. Any appliance suspected of doing so will have the connection suspended.
Insurance for co-located appliances is your responsibility.