Orcon

Orcon Terms and Conditions

Orcon Website Terms and Conditions

• These terms and conditions govern your use of the Orcon website and apply in relation to any order you make online for any Orcon products and/or services.

  It is very important that you read these terms and conditions because by viewing the pages of this website and using the tools offered by it, you acknowledge that you have read and accepted these terms and conditions. 

  When purchasing products or services through our website you will be asked to agree to additional terms and conditions relevant to the product or service you purchase. To the extent there is any inconsistency between such additional terms and conditions and these terms and conditions, the additional terms and conditions will prevail.

  Orcon endeavours to always provide you with the correct information however mistakes do happen and Orcon accepts no liability for any direct and indirect loss or damage which you may suffer as a result of your use of the Orcon website.

  Whenever you order a product or service from Orcon online you are making an offer to Orcon to purchase such products or services. Orcon may accept or decline such offer in its sole discretion in accordance with the Orcon General Terms and Conditions.

  When using this website you must comply with all relevant laws and regulations and you must not use this website or its contents in any unlawful way.

  Orcon either owns or has the right to use all the copyright and other intellectual property rights in this website.  We welcome your use of the website for non-commercial purposes however you must not copy, reproduce or use our intellectual property without our prior written consent.

  Any websites which are linked to the Orcon website are not under Orcon’s control.  These links are provided for your convenience only and Orcon is not responsible for their content nor does Orcon necessarily endorse the products or services referred to.  You must also get Orcon’s permission if you wish to link to this site.

Broadband Terms and Conditions

• 1. Availability of Services

  • 1.1 Only one Broadband account can be used on any one phone line. Services are not available in all areas or on all line types.
  • 1.2 In some instances you may be placed on a waiting list for Broadband, for example if there is limited capacity at your exchange. We will endeavour to contact you as soon as space becomes available.

• 2. Speed and Quality of Service

  • 2.1 Your plan speed refers to the maximum possible connection speed. The maximum downstream connection speed will be as fast as your line allows. The stated upstream connection speeds for your plan are the maximum possible speeds only and the actual speed depends on a number of factors and we cannot guarantee that you will achieve your maximum connection speed. See our website for further details including the factors that affect your connection speed.
  • 2.2 Orcon Broadband is not guaranteed to be fault free or continuous.
  • 2.3 Orcon prioritises certain types of traffic such as web and email. Other types of traffic such as peer to peer (P2P) are deprioritised.

• 3. Phone Support

  • 3.1 If you are having problems with your Orcon Broadband connection, or if you are experiencing problems of a more general nature, you can call our Help Desk on 0800 13 14 15 for support. The Help Desk hours are advertised on our website. We will do everything we can to help you. However, in some circumstances, the Help Desk may not be able to provide support in relation to your particular operating system.
  • 3.2 Orcon does not have any obligation to provide support to you where:
    • The fault is with your computer, communications equipment, your wireless LAN network, your software (except for software provided by us) your phone line (unless provided by us) or any other
    • part of the Internet not forming part of our network.
    • you use the service incorrectly
    • an event occurs which is beyond our reasonable control.

• 4. Changing your Address or Phone Line

  • 4.1 If you change your address or phone line, you may be able to take your services with you. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption. A new term contract may apply.
  • 4.2 Should your phone line become permanently disconnected for any reason, we will no longer be able to provide Broadband to you and your disconnection will be taken to be a termination of your agreement with Orcon for the provision of Orcon Broadband. Should you wish to enter into a new agreement for Broadband an installation charge and term contract may apply.

• 5. Billing

  • 5.1 Charges for Broadband usage will include:
    
    • Any applicable one-off installation and/or modem charges
    • your Orcon Broadband monthly fee (which will be charged in advance)
    • any cancellation fee (which will be charged in arrears)
    • any excess usage charges (which are billed one month in arrears)
  • 5.2 The Broadband service is an "always on" connection and whether you use the service or not, you will still be charged the full monthly fee. You cannot claim a refund for any unused portion of your data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period. 5.3 Payment for Orcon Broadband is by direct debit or credit card only.

• 6. Cancellation of Services and Usage

  • 6.1 When you agree to take Broadband you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.
  • 6.2 In the event that we cancel your Broadband, a reconnection fee may apply if you wish to reinstate your services.
  • 6.3 If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance in accordance with the overage model and you agree that you are bound by the terms and conditions of this model which are set out on the Orcon website from time to time.
  • 6.4 If you are on an Orcon Broadband flat rate plan you agree that you are bound by the terms of the relevant plan as they are set out on the Orcon website from time to time.
  • 6.5 Some malicious software (eg viruses, adware, etc) can lead to unexpected use of bandwidth and this in turn can use up your monthly data allowance. You are responsible for all data usage that occurs under your account whether or not the usage is caused by malicious software. It is your responsibility to make sure you have sufficient security to meet your needs.

Orcon Homeline and Tolls Terms and Conditions

• 1. Installation and maintenance

  • 1.1 If required, we will arrange a time with you to install your Orcon Homeline and you will make sure that we can access your property at this time.
  • 1.2 All new connections will incur a charge and these will be disclosed to you prior to installation.

• 2. Equipment

  • 2.1 You will ensure that any equipment you connect to your Orcon Homeline has a Telepermit printed on it or has been authorized for use by Orcon. This helps make sure the equipment does not damage the network but does not mean that it will always remain compatible with the Orcon network. If equipment which you use in connection with your Orcon Homeline does not work properly, you will need to contact the equipment supplier or manufacturer, and not Orcon, about the problem.

• 3. Your telephone number

  • 3.1 Any telephone number we assign you will always remain Orcon’s property. We may change any number we have allocated and will give you reasonable notice of this. If you would like to change your telephone number please call Orcon on 0800 13 14 15.

• 4. Other suppliers

  • 4.1 You are responsible for your relationship with any other supplier providing telephone services to you. For example, if you have an Orcon Homeline but you have your internet services with another supplier, you must notify both us and the other supplier if you change your address.

• 5. Your responsibilities

  • 5.1 You agree that you will pay for repairing or replacing any part of the Orcon network which is lost, stolen or damaged by you or anyone for whom you are responsible.
  • 5.2 You will make sure that any additional wiring or equipment in your home, such as alarm systems, does not interfere with any part of the Orcon network.
  • 5.3 You agree to make sure that every person for whom you are responsible also meets the responsibilities set out in this clause.

• 6. 0900 calls and local calls

  • 6.1 0900 calls are blocked by default on your Orcon Homeline. However, in the event a 0900 call is made from your Orcon Homeline you agree to pay:
    • Call charges for 0900 calls made from your telephone through the Orcon network or charged to you, no matter who makes them
    • Any charitable donations promised during those calls
    • Any other amounts charged to you by the 0900 service providers.
    Your agreement to make these payments also applies for the benefit of the 0900 service providers and may be enforced by them.
  • 6.2 Local calling is free with your Orcon Homeline provided you do not dial the local access code when making a local call. If you dial the local access code you will be charged at the relevant Orcon Toll rate.

• 7. Directory listings

  • 7.1 We will provide your details for the White Pages or its equivalent and for directory assistance by default. You agree that in relation to directory assistance services our liability is limited to seeking to rectify any error as soon as practicable.
  • 7.2 If you do not want your details to be listed in the White Pages or directory assistance, or you require special types of listings please contact Orcon on 0800 13 14 15.

• 8. Wiring and maintenance

  • 8.1 Orcon's wiring and maintenance service is an optional service which covers the cost of fixing, during normal fault service hours, most faults in the telephone sockets and wiring inside your home which are covered by the service. This service covers:
    • Telephone sockets and wiring which meet and are installed to our specifications
    • Wiring inside your home, but not external wiring to another building on your premises
    • The service does not cover equipment attached to sockets such as extension cables or socket adapters
    • Moving, adding or changing sockets which are not faulty is not covered by this service.
    • If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a
    • replacement item you would like us to install instead we will install it providing it meets with our requirements
  • 8.2 Orcon's wiring and maintenance service does not cover you:
    • In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in Orcon’s terms and conditions
    • If the fault is caused by deliberate or malicious actions
    • If the fault is caused by other wiring or equipment in your home.

• 9. Faults

  • 9.1 If you experience a phone line fault please contact us on 0800 13 14 15 and we will make every effort to restore your service.
  • 9.2 If the fault was caused by you or people for whom you are responsible, you may be charged a fault diagnosis fee.
  • 9.3 Call diversion is available for faults that last longer than 24 hours.

• 10. Ancilliary Services

  • 10.1 Orcon supports call waiting, call minder and caller display services. Services which are provided by your current or previous telecommunications service provider may not be provided by Orcon and will not be automatically brought across from that provider. You will need to choose which of the available Orcon services you wish to receive.

• 11. Credit Restrictions

  • 11.1 In the event of non-payment we reserve the right to place a temporary disconnect on your phone line. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.
  • 11.2 In the event of continued non-payment we reserve the right to disconnect your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.
  • 11.3 If you have a medical condition or other special circumstance for which you require your telephone connection for, it is your responsibility to let us know so we do not disconnect your phone line.

• 12. Withholding, suspending or restricting services

  • 12.1 If you do not meet a responsibility you have to us, we may withhold, suspend or restrict any service at any time. We will do our best to contact you before doing this.

• 13. Tolls and TalkEasy

  • 13.1 A toll call is any call you make that is not a local call (e.g. national, international and calls to mobile phones). All Orcon toll calls are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.
  • 13.2 You are responsible for any charges incurred on your Orcon account for toll calls. This includes unintentional or unauthorised dialed numbers.
  • 13.3 Some malicious software or viruses can lead to toll calls being made automatically on your line. It is your responsibility to make sure you have sufficient security to meet your needs.
  • 13.4 You must be an Orcon Homeline customer to sign up for an Orcon Tolls plan.
  • 13.5 TalkEasy calling plans are available to residential customers only and Orcon reserves the right to immediately cancel your TalkEasy plan if Orcon believes you are using the product for a business or reselling the product.
  • 13.6 There is a one monthly billing cycle minimum term on all TalkEasy plans.
  • 13.7 When you agree to subscribe to TalkEasy you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.
  • 13.8 TalkEasy National is a plan which allows for an unlimited number of calls to New Zealand landlines. Calls on this plan are free for up to 1 hour. After an hour’s duration the standard per minute rates advertised on the Orcon website apply.
  • 13.9 TalkEasy World is a plan which allows for an unlimited number of calls to landlines in 30 selected destinations. These destinations can be found on the Orcon website.
    Calls are free for up to 1 hour, after the hour standard per minute rates advertised on the Orcon website apply.
  • 13.10 The TalkEasy Mobile allows for 100 minutes to be used for landline to New Zealand mobile calls and these must be used within one monthly billing period. Once the 100 minutes have been used, standard retail rates apply. Unused minutes cannot be carried over into the next billing period

Dial Up Terms and Conditions

• 1. These Terms and Conditions

  • 1.1. These terms and conditions apply to all customers of Orcon Residential Dial Up plans.

• 2. Orcon Support

  • 2.1 If you are having problems with connecting your Dial Up to Orcon or if you experience problems of a more general nature, you can call our Help Desk on 0800 13 14 15 for support. The Help Desk hours are advertised on our website. We will do everything we can to help you. However the Help Desk may not be able to provide support in relation to your particular operating system.
  • 2.2 Orcon does not have any obligation to provide support to you where:
    • The fault is with your computer, communications equipment, your wireless LAN network, your software (except for software provided by us), your phone line (unless provided by us) or any other part of the Internet not forming part of our network.
    • you use the service incorrectly
    • an event occurs which is beyond our reasonable control.

• 3. Account Use

  • 3.1 Any Dial Up account may be only used by one person at a time. Orcon reserves the right to allow only calls originating from pre-defined phone numbers. The penalty for having simultaneous logins is $225 (including GST) per simultaneous login per occurrence.

• 4. Phone Line Charges

  • 4.1 If you do not have Orcon Homeline, it is your responsibility to contact the telephone company you use for your residential landline calling to determine whether the use of a particular dial-in number may incur charges.

• 5. Flat Rate Dial Up Plans

  • 5.1 Flat Rate Dial Up plans are not intended for use as a permanent connection. For dedicated connections options for your home and/or business contact Orcon on 0800 13 14 15 for the plan that suits you best.
  • 5.2 The Flat Rate Dial Up plans are intended for attended and intermittent use only. Orcon will notify you if it believes you have exceeded reasonable use restrictions. If you continue to exceed such restrictions, Orcon reserves the right to move you to a plan more fitting with your use. Orcon will give you reasonable notice of its intention to do this and the terms of the relevant plan.

• 6. Billing

  • 6.1 Charges for Dial Up usage will include:
    • Any applicable one-off installation charges
    • your Dial Up monthly fee (which will be charged in advance)
    • any cancellation fee (which will be charged in arrears)
    • any excess usage charges (which are billed one month in arrears)
  • 6.2 You cannot claim a refund for any unused portion of your hours or data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period. No refund will be given for pre-paid dial up services cancelled part way through the pre-paid period.
  • 6.3 When you agree to subscribe to a Dial-Up plan you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.

• 7. Speed and quality of services

  • 7.1 Statements made by us about the speed of our service are best effort peaks and not guarantees. If you experience any problems with our service please let us know by contacting customer services on 0800 13 14 15. Orcon will endeavour to provide the best service level within these constraints, but cannot guarantee data speed, sustained connections or a fault free service.

Web Hosting Terms and Conditions

• 1. Unlimited Traffic

  • 1.1 You will not be charged for any data used on our hosting plans, however there is a reasonable-use traffic volume set on website plans. Below are target bandwidth/resource limits for each hosting plan. If you exceed these limits, then your website performance may be reduced and/or we may require you to move up to a more suitable plan. The following limits are designed to enable Orcon's web servers to operate at optimal efficiency: Plan Max traffic per site 50MB 1 Mbps 100MB 2.5 Mbps 500MB 5.0 Mbps 1000MB 10.0 Mbps If you exceed these usage limits you will be requested to update your hosted content to reduce usage or Orcon reserves the right to move you to a more suitable plan.

• 2. System Resources

  • 2.1 You acknowledge that the web site hosting and the data hosting services are provided on a multiple shared server environment and you agree not to engage in any activity that could overwhelm the server with heavy CPU, memory or network usage or that requires a disproportionate amount of the resources of the Orcon web servers, including without limitation, use of highly active CGI scripts or chat scripts. Orcon reserves the right to disable without notice any scripts or sites which have an adverse effect on other customers' sites.

• 3. Security

  • 3.1 It is your responsibility to ensure that any executable files or dynamic scripts uploaded to the Orcon web servers are configured in a secure manner. Orcon reserves the right to disable without notice any scripts or sites which may pose a security concern.

• 4. Web Alias and URL forwarding services

  • 4.1 Website Aliases and URL-forwarding is intended to allow a website or organization with multiple brand names, product brands or similar domain names (e.g. sitename.co.nz and sitename.net.nz) to coexist or be redirected to the appropriate website section. It is not permitted to associate multiple unrelated domains with a website and use scripting techniques to present the distinct content. The service is not permitted as a method of providing virtual hosting services.

• 5. Prohibited Use

  • 5.1. Orcon reserves the right to review your website, and any material comprising your website at any time. If, in Orcon’s sole opinion, use of your website in any way infringes or is likely to infringe the rights of any third party, these terms or violates any law, Orcon may immediately shut down or otherwise prevent access to your website and notify you accordingly. You agree that you hereby waive any rights or claim you may have against Orcon in respect of such action.
  • 5.2. By way of example, and not limitation, your website or any part of Orcon’s associated Service shall not be used to post, transmit, re-transmit or store material which, in the sole judgment of Orcon constitutes:
    • A violates of any law;
    • A use of threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity.
    • Deceptive or fraudulent practices.
    • Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents.
    • Any action that restricts or inhibits any person, whether an Orcon customer or otherwise, in its use or enjoyment of any Orcon service.
    • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these terms and conditions, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
    • The engagement of Orcon services to promote deceptive and or illegal marketing practices, products or services.
    • Interfering with, disrupting, or denying service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g. denial of service attacks).
    • Attempting to gain unauthorized entry to any site or network including, but not limited to, executing any form of network probing, monitoring or other information gathering on the Orcon or a third party site or network.
    • Attempting to circumvent host or user authentication or other security
    • measures of any host, network or account.
    • Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers.
    • The manipulation or bypass of Orcon's usage limits.
    • An attempt to gain access to a service or services not provided by Orcon, including, but is not limited to, console, command line or shell.
    • Uploading and or use of a file system manager of any description that provides the ability to access files outside of your allocated website space.

• 6. Content Protection

  • 6.1 You must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Service.

• 7. Content Ownership

  • 7.1 You are responsible for all content or information residing on, obtained or transmitted via the Service.

• 8. Content Deletion

  • 8.1 If the web hosting and/or the data hosting service is terminated for any reason, Orcon may permanently delete from its web servers any and all content or information related to your website. Orcon accepts no liability for any such deleted content or information.

• 9. Vulnerable Systems

  • 9.1 Orcon reserves the right, without prior notice, to perform vulnerability tests on systems residing on its IP address range, which may be allocated for Orcon customer use. The purpose of such testing includes, but is not limited to, testing of mail servers or proxy servers for unrestricted third party relaying. Orcon will employ all reasonable efforts to ensure that such testing will be non-intrusive in nature, and will not adversely affect Service provided you or compromise the security of your network. You are responsible for correcting any system vulnerability upon notification. You must terminate operations of a known compromised system.

• 10. Free Services and Advertising

  • 10.1 Where you receive free web hosting services from Orcon, Orcon may, without your consent, place advertising material on your website.

Orcon+ Terms and Conditions

• 1. When you transfer to the Orcon+ network you can keep your existing telephone number but if you are moving into a new local calling area you will not be able to take your current number with you.
• 2. If you decide to relinquish your current telephone number and accept a new Orcon telephone number you will not be able to revert to your old number at any time. Orcon is unable to retrieve your old number for you.
• 3. Other issues may arise as a result of transferring you to the Orcon+ network and while Orcon will use its best endeavours to resolve any issues, Orcon will not be liable for any direct or indirect loss you suffer as a result of your transfer to the Orcon+ network. Such issues may include (but are not limited to) interference with alarm monitoring services; need for new modem; need for new wiring at your premises; incomplete or incorrect transfer by our third party supplier.
• 4. The process of transferring you to the Orcon+ network may result in you being unable to use your home phone or broadband connections for a period of time. Orcon is reliant on the actions of a third party supplier in processing the new connection and therefore can give no guarantees as to the length of such periods. If you are willing to relinquish your existing number and accept a new Orcon telephone number your down time should be significantly shorter than if you wish to keep your existing number.
• 5. These terms and conditions apply to all customers who receive the Orcon+ Services. The Orcon General Terms and Conditions and any terms and conditions relating to an Orcon service which you receive will continue to apply in addition to these terms and conditions. Specifically, the Broadband terms and conditions and the Homeline terms and conditions will apply to your Orcon+ services (see Orcon Terms and Conditions).

Broadband+ Terms and Conditions

• 1. Availability of services

  • 1.1 Only one Broadband account can be used on any one phone line. Services are not available in all areas or on all line types.
  • 1.2 In some instances you may be placed on a waiting list for Broadband, for example if there is limited capacity at your exchange. We will endeavour to contact you as soon as space becomes available.

• 2. Speed and quality of services

  • 2.1 Your plan speed refers to the maximum possible connection speed. The maximum downstream connection speed will be as fast as your line allows. The stated upstream connection speeds for your plan are the maximum possible speeds only and the actual speed depends on a number of factors and we cannot guarantee that you will achieve your maximum connection speed. See our website for further details including the factors that affect your connection speed.
  • 2.2 Orcon Broadband is not guaranteed to be fault free or continuous.
  • 2.3 Orcon prioritises certain types of traffic such as web and email. Other types of traffic such as peer to peer (P2P) are deprioritised.

• 3. Phone Support

  • 3.1 If you are having problems with your Orcon Broadband connection, or if you are experiencing problems of a more general nature, you can call our Help Desk on 0800 13 14 15 for support. The Help Desk hours are advertised on our website. We will do everything we can to help you. However, in some circumstances, the Help Desk may not be able to provide support in relation to your particular operating system.
  • 3.2 Orcon does not have any obligation to provide support to you where:
    • the fault is with your computer, communications equipment, your wireless LAN network, your software (except for software provided by us) your phone line (unless provided by us) or any other part of the Internet not forming part of our network.
    • you use the service incorrectly
    • an event occurs which is beyond our reasonable control.

• 4. Changing your address of phoneline

  • 4.1 If you change your address or phone line, you may be able to take your services with you. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption. A new term contract may apply.
  • 4.2 Should your phone line become permanently disconnected for any reason, we will no longer be able to provide Broadband to you and your disconnection will be taken to be a termination of your agreement with Orcon for the provision of Orcon Broadband. Should you wish to enter into a new agreement for Broadband an installation charge and term contract may apply.

• 5. Billing

  • 5.1 Charges for Broadband usage will include:
    •  
    • Any applicable one-off installation and/or modem charges
    • Your Orcon Broadband monthly fee (which will be charged in advance)
    • Any cancellation fee (which will be charged in arrears)
    • Any excess usage charges (which are billed one month in arrears)
  • 5.2 The Broadband service is an "always on" connection and whether you use the service or not, you will still be charged the full monthly fee. You cannot claim a refund for any unused portion of your data allowance in a specific billing period and you cannot accumulate this unused amount for the following billing period.
  • 5.3 Payment for Orcon Broadband is by direct debit or credit card only.

• 5. Cancellation of services and usage

  • 6.1 When you agree to take Broadband you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.
  • 6.2 In the event that we cancel your Broadband, a reconnection fee may apply if you wish to reinstate your services.
  • 6.3 If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance in accordance with the overage model and you agree that you are bound by the terms and conditions of this model which are set out on the Orcon website from time to time.
  • 6.4 If you are on an Orcon Broadband flat rate plan you agree that you are bound by the terms of the relevant plan as they are set out on the Orcon website from time to time.
  • 6.5 Some malicious software (eg viruses, adware, etc) can lead to unexpected use of bandwidth and this in turn can use up your monthly data allowance. You are responsible for all data usage that occurs under your account whether or not the usage is caused by malicious software. It is your responsibility to make sure you have sufficient security to meet your needs.

Homeline+ Terms and Conditions

• 1. Installation and Maintenance

  • 1.1 If required, we will arrange a time with you to install your Orcon Homeline and you will make sure that we can access your property at this time.
  • 1.2 All new connections will incur a charge and these will be disclosed to you prior to installation.

• 2. Equipment

  • 2.1 You will ensure that any equipment you connect to your Orcon Homeline has a Telepermit printed on it or has been authorized for use by Orcon. This helps make sure the equipment does not damage the network but does not mean that it will always remain compatible with the Orcon network. If equipment which you use in connection with your Orcon Homeline does not work properly, you will need to contact the equipment supplier or manufacturer, and not Orcon, about the problem.

• 3. Your telephone number

  • 3.1 Any telephone number we assign you will always remain Orcon’s property. We may change any number we have allocated and will give you reasonable notice of this. If you would like to change your telephone number please call Orcon on 0800 13 14 15.

• 4. Other Suppliers

  • 4.1 You are responsible for your relationship with any other supplier providing telephone services to you. For example, if you have an Orcon Homeline but you have your internet services with another supplier, you must notify both us and the other supplier if you change your address.

• 5. Your Responsibilities

  • 5.1 You agree that you will pay for repairing or replacing any part of the Orcon network which is lost, stolen or damaged by you or anyone for whom you are responsible.
  • 5.2 You will make sure that any additional wiring or equipment in your home, such as alarm systems, does not interfere with any part of the Orcon network.
  • 5.3 You agree to make sure that every person for whom you are responsible also meets the responsibilities set out in this clause.

• 6. 0900 Calls and Local Calls

  • 6.1 0900 calls are blocked by default on your Orcon Homeline. However, in the event a 0900 call is made from your Orcon Homeline you agree to pay:
    • Call charges for 0900 calls made from your telephone through the Orcon network or charged to you, no matter who makes them
    • Any charitable donations promised during those calls
    • Any other amounts charged to you by the 0900 service providers.
    • Your agreement to make these payments also applies for the benefit of the 0900 service providers and may be enforced by them.
  • 6.2 Local calling is free with your Orcon Homeline provided you do not dial the local access code when making a local call. If you dial the local access code you will be charged at the relevant Orcon Toll rate.

• 7. Directory listings

  • 7.1 We will provide your details for the White Pages or its equivalent and for directory assistance by default. You agree that in relation to directory assistance services our liability is limited to seeking to rectify any error as soon as practicable.
  • 7.2 If you do not want your details to be listed in the White Pages or directory assistance, or you require special types of listings please contact Orcon on 0800 13 14 15.

• 8. Wiring and maintenance

  • 8.1 Orcon's wiring and maintenance service is an optional service which covers the cost of fixing, during normal fault service hours, most faults in the telephone sockets and wiring inside your home which are covered by the service. This service covers:
    • Telephone sockets and wiring which meet and are installed to our specifications
    • Wiring inside your home, but not external wiring to another building on your premises
    • The service does not cover equipment attached to sockets such as extension cables or socket adapters
    • Moving, adding or changing sockets which are not faulty is not covered by this service.
    • If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a replacement item you would like us to install instead we will install it providing it meets with our requirements
  • 8.2 Orcon's wiring and maintenance service does not cover you:
    • In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in Orcon’s terms and conditions
    • If the fault is caused by deliberate or malicious actions
    • If the fault is caused by other wiring or equipment in your home.

• 9. Faults

  • 9.1 If you experience a phone line fault please contact us on 0800 13 14 15 and we will make every effort to restore your service.
  • 9.2 If the fault was caused by you or people for whom you are responsible, you may be charged a fault diagnosis fee.
  • 9.3 Call diversion is available for faults that last longer than 24 hours.

• 10. Ancillary services

  • 10.1 Orcon supports call waiting, call minder and caller display services. Services which are provided by your current or previous telecommunications service provider may not be provided by Orcon and will not be automatically brought across from that provider. You will need to choose which of the available Orcon services you wish to receive.

• 11. Credit restrictions

  • 11.1 In the event of non-payment we reserve the right to place a temporary disconnect on your phone line. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.
  • 11.2 In the event of continued non-payment we reserve the right to disconnect your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.
  • 11.3 If you have a medical condition or other special circumstance for which you require your telephone connection for, it is your responsibility to let us know so we do not disconnect your phone line.

• 12. Withholding, suspending, or restricting services

  • 12.1 If you do not meet a responsibility you have to us, we may withhold, suspend or restrict any service at any time. We will do our best to contact you before doing this.

• 13. Calling plans

  • 13.1 A toll call is any call you make that is not a local call (e.g. national, international and calls to mobile phones). All Orcon toll calls are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.
  • 13.2 You are responsible for any charges incurred on your Orcon account for toll calls. This includes unintentional or unauthorised dialed numbers.
  • 13.3 Some malicious software or viruses can lead to toll calls being made automatically on your line. It is your responsibility to make sure you have sufficient security to meet your needs.
  • 13.4 Orcon calling plans are available to residential customers only and Orcon reserves the right to immediately cancel your plan if Orcon believes you are using the product for a business or reselling the product.
  • 13.5 There is a one monthly billing cycle minimum term on all Orcon plans.
  • 13.6 When you agree to subscribe to an Orcon calling plan you must purchase the service for at least one monthly billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire monthly billing period together with any early disconnection fee that may apply.
  • 13.7 National Calling Zone is a plan which allows for an unlimited number of calls to New Zealand landlines. Calls on this plan are free for up to 1 hour. After an hours duration the standard per minute rates advertised on the Orcon website apply.
  • 13.8 International Calling Zone is a plan which allows for an unlimited number of calls to one of the 15 Orcon International Calling Zone destinations. These destinations can be found on the Orcon website. Calls are free for up to 1 hour, after the hour standard per minute rates advertised on the Orcon website apply. The International Calling Zone Plan is for calls to direct dial landlines only and does not include special services calls. These are calls to a service provider in the chosen International Calling Zone which are toll free in that Zone but which are charged at a specific rate per minute when called from New Zealand.
  • 13.9 The Mobile Calling Plan allows for 100 minutes to be used for landline to New Zealand mobile calls and these must be used within one monthly billing period. Once the 100 minutes have been used, standard retail rates apply. Unused minutes cannot be carried over into the next billing period.

Orcon Homehub Terms and Conditions

• These terms and conditions apply in addition to the Orcon General Terms and Conditions and any other specific terms and conditions in relation to Orcon services which you receive.

  1. Ownership of the HomeHub will at all times remain with Orcon and you must not:
  (a) sell, lease, dispose of, lend or otherwise part with possession of, or modify in any way, the HomeHub;
  (b) use the HomeHub for any purpose other than receiving Orcon services in accordance with the relevant Orcon Terms and Conditions;
  (c) do any other act which may adversely affect or prejudice the ownership of the HomeHub in any way.

  2. We shall deliver the Homehub to your home address as provided to us. You must inspect the Homehub immediately upon receipt and inform us of any damage or items missing from the delivery by telephoning our Contact Centre on 0800 131415 within five days of delivery. We reserve the right to supply you with a Homehub that may have been refurbished provided that such refurbished Homehub shall be of equivalent quality and functionality as a new Homehub.

  The Homehub is configured to work only with Orcon services. You may not use it to obtain broadband services provided by other Internet service providers.

  Use of the Homehub may be impaired when you upload or download data using your home broadband at the same time as trying to make a telephone call using VoIP. In addition, we do not provide any warranty as to the level of performance of the Homehub which may be affected by conditions outside of our control, including, without limitation, the location of the Homehub in your home, the layout of your home, the materials used in the construction of your home, the distances between the Homehub and any wireless device that you use with the Homehub and any interference with radio signals that may arise in your home. We may automatically upgrade the software in the Homehub through a download via the Internet or via CD-ROM release. You will need to permit access to the Homehub for such downloads or run the CD-ROM on your computer to keep your Homehub up-to-date.

  We may charge you any reasonable costs incurred by us in relation to carriage, postage and packing and any other applicable duties taxes and charges arising from or connected with the delivery of the Homehub.

  3. You are responsible for installing the Homehub at your premises. You must install the Homehub in accordance with the Homehub Installation Guide. If you encounter any problems installing the Homehub, please contact us 0n 0800131415. If you have a fault with the Homehub please call Customer Support on 0800131415. We shall not be liable to you for any fault that is caused by you, including, but not limited to, your failure to comply with any instructions given to you Orcon. In the event that the Homehub is faulty, we shall replace or repair such defective Homehub at our option provided that such fault is not caused by your failure to keep the Homehub safe. In the event that we provide you with a replacement Homehub as a result of a fault, you must return the faulty Homehub to us in the prepaid return envelope provided within 14 days of  your receipt of the replacement Homehub .

  4. You must immediately return the HomeHub to Orcon on termination or cancellation of this agreement. If you fail to return the HomeHub in accordance with this clause we may require you to pay to Orcon on demand an amount of $250 or such other amount as determined by Orcon.

  5. You shall be liable for any loss (including by fire) or theft of, or damage however caused to, the HomeHub modem during the currency of your Orcon services agreement. It is your responsibility to effect insurance cover, if you elect to do so, against potential liability under this clause.

  6. Orcon has the right at any time during the currency of this agreement to enter your premises in order to maintain, replace or repossess the HomeHub or where Orcon has reasonable grounds to believe that you are not complying with your obligations under this agreement.

  7. Orcon may at any time in its absolute discretion require that you exchange any HomeHub modem for any new equipment provided or specified by Orcon.

  8. You shall pay a rental fee for the Homehub.  If you receive Orcon Platinum+ services your rental fee will be included in your Platinum+ Service Fee. If you receive any other type of Orcon service the rental fee will be billed to you in addition to any other service payments. All rental payments are inclusive of GST.

  9. We shall not be liable to you for any loss or damage arising out of any loss of data or for any other loss or damage which is not reasonably foreseeable by us.

Orcon Rural Broadband Terms and Conditions

1. These terms and conditions apply to all Orcon customers who receive the Rural Broadband service.
2. If you are a new Rural Broadband customer, you will have to pay a connection fee and any applicable installation and equipment costs to use the Rural Broadband service.
3. The standard Rural Broadband Equipment includes the SIU (Service Interface Unit, Coaxial Cable, Antenna and ethernet cable).
4. The standard installation service for Rural Broadband involves setting up the Rural Broadband Equipment at your location and configuring your PC, which includes a demonstration of Rural Broadband broadband.
5. The cost of the Rural Broadband Equipment and the standard Installation service cost will be set out on the Orcon website or you can contact Orcon on 0800 13 20 20  for information on these costs.
6. If you live 50km or more from the nearest tower base station, you will be liable to pay additional mileage costs.
7. In order to gain required signal strength for the Rural Broadband service, additional equipment and installation work may be required at an additional cost. If this is the case we will inform you, and we will not carry out any additional work until we have received approval from you.
8. Your Rural Broadband charges will appear as part of your monthly Orcon bill. Charges will include any applicable one-off installation and equipment charges, the Rural Broadband monthly fee (which is billed one month in advance) and a fee for any usage beyond your plan allowance (which is billed one month in arrears).
9. Rural Broadband usage charges are recorded in your Orcon bill.
10. If you want Rural Broadband transferred to a new telephone line or location you will have to pay connection and installation fees.
11. Each of the Rural Broadband plans will be described in its own set of product pages and in the relevant section on the Orcon website and also in the Frequently Asked Questions  sections (describing the service) and these are deemed to be included as part of these terms and conditions.
12. Rural Broadband is not available in all areas. Note that we will not be able to establish whether your location will be suitable for receiving the Rural Broadband service until an accredited technician has carried out an assessment at your location. 
13. Megabyte usage is based on the amount of data transferred through your Rural Broadband connection (both uploading and downloading).
14. Because Rural Broadband is delivered through the air it can be susceptible to weather conditions, such as snow and rain storms, between where you live and the tower where your signal is received and sent from. Similarly, trees, new buildings, alterations or large objects such as farm machinery in the signal path between the antenna and the signal tower may degrade the signal.
15. Rural Broadband can only be used on a computer that meets certain minimum system requirements.
16. Rural Broadband comes with standard equipment that will require installation by an authorised technician at your location. Additional equipment and installation work may be required at an additional cost, as referred to above.
17. The access speeds for Rural Broadband plans are estimates only. Actual speeds may vary.
18. The Rural Broadband usage meter is available for you to check on your megabyte usage in the "My Account" section of the Orcon website.
19. Rural Broadband usage alerts are sent out by email to your Rural Broadband email account to inform you after you have exceeded certain levels relating to your monthly megabyte allowance. You will receive Rural Broadband usage alerts by email automatically if you are a Rural Broadband customer. A usage alert will be sent to you after you have exceeded 80 percent and 120 percent of you monthly megabyte limit (or only after you have reached 120 percent, if you exceed both levels in the same 24 hour period). Usage alerts are sent out to Rural Broadband customers once per day, so it is possible that there will be a delay of up to 24 hours from the time you exceed 80 or 120 percent of your megabyte usage limit, and when you are sent a usage alert email informing you of this. Usage alerts are designed to help you to keep tabs on your megabyte usage, but ultimately it is your responsibility to monitor how many megabytes you have used. You can change the email address that your usage alerts are sent to any time you're online.
20. An expert Rural Broadband Contact Centre is available on 0800 13 20 20 from 8:30am to 10:00pm, Monday to Friday, to assist with your Rural Broadband queries.

Orcon Rural Broadband Equipment Terms and Conditions

• These terms and conditions apply in addition to the Orcon General Terms and Conditions, the Rural Broadband Terms and Conditions and any other specific terms and conditions in relation to Orcon services which you receive.

  RBE means the Orcon Rural Broadband Equipment on your site made up of the outdoor antenna unit (together with any high gain antenna, if employed), the modem and the power supply unit supplied to you by Orcon and installed at your location by Orcon or its representative.

  1. Ownership of the RBE will at all times remain with Orcon and you must not:
  (a) sell, lease, dispose of, lend or otherwise part with possession of, or modify in any way, the RBE;
  (b) use the RBE for any purpose other than receiving Orcon services in accordance with the relevant Orcon Terms and Conditions;
  (c) do any other act which may adversely affect or prejudice the ownership of the RBE in any way.

  2.Orcon will, as soon as reasonably practicable, arrange for an employee or contractor of Orcon to supply, deliver and install the RBE at your premises as advised by you.

  3. We reserve the right to supply you with RBE that may have been refurbished provided that such refurbished RBE shall be of equivalent quality and functionality as a new RBE.

  4.The RBE is configured to work only with Orcon services. You may not use it to obtain broadband services provided by other Internet service providers.

  5. We do not provide any guarantee as to the level of performance of the RBE which may be affected by conditions outside of our control.

  6. In the event that the RBE is faulty, we shall replace or repair such defective RBE at our option provided that such fault is not caused by your act or omission.

  7. You shall be liable for any loss (including by fire) or theft of, or damage however caused to, the RBE during the currency of your Orcon services agreement. It is your responsibility to effect insurance cover, if you elect to do so, against potential liability under this clause.

  8. Orcon has the right at any time during the currency of this agreement to enter your site where the RBE is situated in order to maintain, replace or repossess the RBE or where Orcon has reasonable grounds to believe that you are not complying with your obligations under this agreement.

  9. Orcon may at any time in its absolute discretion require that you exchange any RBE for any new equipment provided or specified by Orcon.

  10. Upon termination of the agreement for the provision of Orcon Rural Broadband Services you will allow Orcon to access your site in order to repossess the RBE.

  11. If termination is before the expiration of the minimum term of 24 months then you must pay us, as liquidated damages for early termination a disconnection fee as advised to you by Orcon.

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