Terms of Service

These terms set out the agreement between you and The ICT Hub when you order our Secure Business Fibre, or any other connectivity service we provide. Please read them alongside our Acceptable Use Policy and Privacy Policy.

1. About these terms

These Terms of Service are between The ICT Hub New Zealand Limited [NZBN / company number to confirm] ("The ICT Hub", "we", "us" or "our") and the business or person who orders the service ("you" or "your"). By completing an order, ticking to accept these terms, or using the service, you agree to them.

These terms incorporate our Acceptable Use Policy and Privacy Policy. Together they form the whole agreement between us about the service.

2. Definitions

• Service means the internet connection and related features we provide to you, including the protective filtering.
• Network means the carrier-grade national fibre network over which the service is delivered. We are a retail provider; we do not own the underlying fibre network.
• LFC means the local fibre company that owns and physically maintains the fibre to your site.
• RFS ("ready for service") means the point at which your connection has been provisioned, tested and is live.
• Protective filtering means the network-level service that blocks access to known malicious or dangerous internet addresses.
• Router means the device that connects your equipment to the service, whether supplied by us or by you.

3. The service

We provide a symmetric, uncapped business internet connection delivered over the Network, with protective filtering applied at the connection level. We provide the service as a retail provider using wholesale access to the Network and the LFC's infrastructure.

Availability depends on what can be delivered at your site. We confirm what is available when you check your address. Some addresses require manual qualification, a site visit, or the consent of a landlord or other parties before the service can be delivered.

4. Term and renewal

Business plans have a minimum term of 12 months, beginning on the RFS date. At the end of the minimum term the service continues on a month-to-month basis until either of us ends it on 30 days' notice, unless you agree a new term.

Home and fixed-wireless plans, where offered, are open term with no minimum period and may be cancelled on 30 days' notice.

5. Pricing, billing and GST

We begin billing on your RFS date, when your connection is live, and never before. Charges are billed monthly in advance by our payment provider. Business prices are quoted exclusive of GST; GST is added on your invoice. Home and fixed-wireless prices, where offered, are advertised inclusive of GST.

Any one-off connection charge or non-standard installation cost is quoted to you before the work is done and shown as a separate line. We may change prices on 30 days' notice, including to pass on increases in the charges set by the Network or the LFC. [Legal to confirm price-variation wording and notice period.]

6. Early termination

If you end a business plan before the end of its 12-month minimum term, an early termination fee applies, together with any one-off connection charge or subsidised equipment cost we have not yet recovered.

7. Router and equipment

A router is optional. You may bring your own compatible router, or buy our secure managed router for a one-off charge of $115 + GST. Where you buy our router, ownership passes to you once you have paid for it.

If you bring your own router, you are responsible for its compatibility, configuration and support. The protective filtering runs on your connection regardless of which router you use. You are responsible for the security and physical care of any equipment at your site.

8. Protective filtering

The protective filtering blocks access to internet addresses that are known or strongly suspected to be malicious, such as phishing, malware and ransomware sites, at the network level. It is included with the service at no extra charge.

You should understand its limits:

• It reduces risk but does not guarantee that every threat will be blocked, and it is not a substitute for endpoint security, backups, staff training or insurance.
• It operates at the connection level. It is not per-user or per-device policy control.
• A device configured to use its own encrypted or alternative DNS may bypass the filtering.
• We may add, change or update the filtering and its threat lists at any time to keep it effective.

We provide the filtering on a reasonable-efforts basis. We are not liable for threats that are not blocked, except to the extent the law does not allow us to exclude that liability.

9. Service levels and faults

We aim to provide a reliable service and to respond promptly to faults, but we do not guarantee that the service will be continuous or fault-free unless we have agreed a separate written service level with you.

The fibre to your site is owned and physically maintained by the LFC. Where a fault sits on the Network or the LFC's infrastructure, the repair is carried out by them. We manage the fault on your behalf, escalate it, and keep you informed. The service will not work during a power cut, and services that depend on it (including any phone or alarm) may also stop working.

From time to time we or the Network may carry out planned maintenance that briefly interrupts the service. We will give notice where we reasonably can.

10. Suspension and disconnection

We may suspend or disconnect the service if you do not pay charges when due, if you or a user breach these terms or the Acceptable Use Policy, if required by law or by the Network or LFC, or to protect the integrity or security of the network. Where it is practical and lawful, we will give you notice and a chance to put things right first.

If the service is disconnected during a business plan's minimum term for a reason within your control, the early termination provisions apply.

11. Liability

To the fullest extent the law allows, we are not liable for indirect, consequential or special loss, or for loss of profit, revenue, data, goodwill or business opportunity, however it arises. Our total liability connected with the service in any 12-month period is limited to [the total charges you paid us for the service in the previous [3] months]. [Legal to confirm the cap and carve-outs.]

Nothing in these terms limits any liability that cannot lawfully be limited, including under the Consumer Guarantees Act where it applies and the Fair Trading Act.

12. Consumer law

If you acquire the service as a consumer (broadly, for personal, domestic or household use), the Consumer Guarantees Act 1993 gives you guarantees that we cannot exclude.

If you acquire the service for the purposes of a business, then to the extent permitted by section 43 of the Consumer Guarantees Act, the guarantees in that Act do not apply, and you agree that it is fair and reasonable that they do not. We always comply with the Fair Trading Act 1986 and do not seek to limit any right that cannot lawfully be excluded. [Legal to confirm the business contracting-out wording.]

13. Privacy

We collect and handle personal information in line with our Privacy Policy and the Privacy Act 2020. By using the service you acknowledge that policy.

14. Complaints and disputes

If something is not right, contact us first at support@icthub.ai and we will work to resolve it quickly.

If we cannot resolve a complaint together, you may be able to refer it to an independent telecommunications dispute resolution scheme. [The ICT Hub to confirm membership of the Telecommunications Dispute Resolution (TDR) scheme, and add the scheme's contact details here. For services to Australian customers, the equivalent scheme is the Telecommunications Industry Ombudsman (TIO).]

15. General

We may transfer or assign this agreement to another provider, for example if our business is restructured or sold; your rights are not reduced if we do. You may not transfer your agreement without our written consent.

Neither of us is responsible for failure or delay caused by events beyond our reasonable control. If any part of these terms is found to be unenforceable, the rest continues to apply. These terms are governed by New Zealand law and the New Zealand courts have non-exclusive jurisdiction.

We may update these terms from time to time. We will publish the current version here and, where a change materially disadvantages you, give at least 30 days' notice.

Contact

The ICT Hub New Zealand Limited
Email: support@icthub.ai
[Registered address, NZBN and company number to be added.]