1. Acceptance

Your registration of an Internet service account ("Account") with Genesis Power Limited trading as Genesis Energy ("Genesis Energy") and your access, connection and use of Genesis Energy's Infogen service ("Service") is subject to the following terms and conditions ("ISP Terms"), Internet Access Terms and Conditions, Acceptable Use Policy and all applicable laws. By accessing and using the Service you agree that you have read, understood and accepted these ISP Terms and agreed to be bound by them. If you do not agree to these ISP Terms please do not use the Service or register an Account.


2. Changes

Genesis Energy reserves the right, at its discretion, to update or revise these ISP Terms. Please check the ISP Terms periodically for changes. Your continued use of this Service following the posting of any changes to the ISP Terms indicates your acceptance of those changes.


3. Account, password and security

3.1 Upon registration of your Account, you will receive a username and password. You must keep your username and password confidential and to take all reasonable steps to prevent disclosure of your username and password to any person, other than members of your household or business who are considered authorised users. You are responsible for ensuring that all authorised users of the Account also meet the responsibilities and obligations set out in the ISP Terms, Internet Access Terms and Conditions, and Acceptable Use Policy.

3.2 You are liable for all Internet Service Charges ("Charges") resulting from use of the Service accessed through your username and password whether authorised by you or not. You agree to indemnify Genesis Energy for all claims, proceedings, damages, losses or expenses however incurred arising from the acts of any person accessing the Service using your username and password. Disclosure or loss of your username or password that results in the incurring of Charges or misuse of the Service is your responsibility and any such occurrence shall be immediately communicated to Genesis Energy.


4. Payment

4.1 You agree to pay the Charges as set out on Genesis Energy's Infogen website ("Site") at www.infogen.co.nz. In particular, you agree as follows:

1. Charges for the Service, or any other fixed Charges, will be due in advance for service plans, with additional hours beyond the service plan being charged in arrears. Payment may be made by direct debit or an approved credit card. You also agree to pay our reasonable costs incurred in recovering outstanding amounts from you including debt collection and legal fees.
2. If your Account is overdue for a period of 1 month, your Account will be placed on hold, and access will be denied. If your Account is overdue for two months it will be closed and your details referred to our debt collection agency without notice to you.
3. Where total debt collection agency costs, legal and other costs arising from collection of any amount owing by you exceed the debt collection fee charged, you agree that our debt collection agent is also entitled to recover those additional costs from you.
4. Subject to clause 12.5 (in the case of broadband users), you agree to give Genesis Energy not less than 30 days written notice that your Account is no longer required. Until we receive this notice you are responsible for anything done with the Services to which you have subscribed. Any charges incurred through the use of those services are payable by you whether you authorised them or not.
5. Charges are exclusive of taxes, duties and charges imposed or levied in New Zealand in connection with the supply of the Service.
6. Any hours or data usage that you do not use as specified in your pricing plan within the relevant billing period cannot be accumulated, nor can you claim a refund for this.

4.2 Genesis Energy reserves the right, at its discretion, to vary or change the Charges from time to time. If we make changes to the Charges we will give you 30 days notice. Your continued use of this Service following the communication of any changes to the Charges indicates your acceptance of those revised Charges.


5. Your responsibility to Genesis Energy
You are responsible for providing the phone line connection, modem, computer, hardware, software and all other equipment required to access the Service and for all charges in relation to the above unless we advise otherwise. You may choose to purchase a modem from Genesis Energy which will be charged to your account.


6. Our service to you and your use of the service

6.1 You acknowledge that, subject to you subscribing to Genesis Energy's content filtering service ("Content Filtering Service"), Genesis Energy does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the Service and the Internet.

Genesis Energy shall not be held responsible in any way for any content or information accessed via the Service. Further, Genesis Energy disclaims all or any liability for any material on the Internet that you may find offensive, upsetting, defamatory, personally offensive or in any way unsuitable for minors.

6.2 You must not send spam or bulk mail using the Service and we reserve the right to charge you a clean-up fee to rectify the result of such activity by you at a maximum charge of $200 per article.

6.3 We will make genuine and commercially reasonable efforts to make the services you have subscribed for available to you 24 hours a day and, if the system malfunctions, to restore those services as soon as reasonably possible. However, as we do not own or control all the facilities and communication lines necessary for access and nor do we control your use of the Service, we cannot guarantee that the Service will be available at any particular time, be uninterrupted or be error free. If, in spite of our efforts, we cannot provide or restore the Service (even if the failure is our fault) we are not liable to you.

6.4 Genesis Energy may shut down, without prior notice, all or part of the Service for the purpose of maintenance, or improving the reliability of supply or for any other reasons.

6.5 Once you have established an Account with us, we agree to make all reasonable efforts to begin providing you with the Service within a reasonable time frame.


7. Content Filtering Service

7.1 If you have subscribed to the Content Filtering Service, while Genesis Energy will make every effort to provide a comprehensive content filtering service, we cannot guarantee that all information considered obscene, lewd, lascivious, filthy, excessively violent, or otherwise objectionable, or other information you wish to block out, will be blocked out. This is because, among other reasons many web pages may not be appropriately rated by the site operator or may be inaccurately rated by a third party providing rating services. Genesis Energy also makes no guarantee that information that should not be filtered will not be, for the reasons above, and because content may be misinterpreted by the filtering software.

7.2 To the fullest extent permitted by law, Genesis Energy does not guarantee that the Content Filtering Service will be uninterrupted or fault free or accessible at any given time. The content and performance of this service, is subject to the limitations of the technology on which it is based and may be adversely affected by network performance and other operational factors beyond Genesis Energy's control.


8. Phone Support

8.1 Genesis Energy agrees to provide phone support to assist you with technical problems associated with your use of the Service. The hours of availability and the telephone number for phone support are advertised on our website.

8.2 You acknowledge that our phone support service is limited to providing assistance relating to the performance and functionality of the Service. The phone support service does not cover problems relating to your computer, hardware, communication equipment or modem, your software (except for software or modems provided by us subject to any terms and conditions these may have), your phone line connection or any other part of the Internet not forming part of our network.


9. No liability

9.1 Your use of the Service is at your own risk. You agree that Genesis Energy is not liable for any damage or harm arising out of your use of the Service. You also agree that all warranties, conditions and representations in respect of the Service (expressed or implied) are excluded to the fullest extent permitted by law. None of Genesis Energy, any of its employees or agents, or any other party involved in providing the Service is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Service.

9.2 These ISP Terms apply to both business and private use of the Service. If you are not acquiring the Service for the purposes of a business (as defined in the Consumer Guarantees Act 1993) then the Consumer Guarantees Act 1993 applies and nothing in these ISP Terms limits your rights under it.

9.3 If you breach any term of this agreement, and we incur costs as result, then you must pay those costs if we require you to do so.


10. Suspension and termination

10.1 Genesis Energy reserves the right to immediately suspend your access to the Service or terminate your Account, if:

1. you fail to comply with any provision of the ISP Terms including without limitation, the non-payment of any Charges and any fees relevant to the connection, administration or usage of the Service by you
2. you misuse the Service
3. you fail to comply with the Internet Access Terms and Conditions and the Acceptable Use Policy.

10.2 Genesis Energy may also require you to pay a disconnection fee in respect of any action taken by Genesis Energy under this section.

10.3 Subject to clause 12.5 (in the case of broadband users), you may terminate your Account by giving Genesis Energy at least 30 days prior written notice of your intention to terminate your Account.


11. Dial-up access plans

11.1 If your Account relates to a dial-up access plan, the terms and conditions set out in this clause 11 will apply to you.


11.2 You acknowledge that your phone line connection provider may charge you additional phone line connection charges as a result of you using the Service. You agree to pay all and any such additional charges. You further acknowledge that Genesis Energy is not responsible or liable in any way for any such additional charges.


11.3 You agree and acknowledge that the unlimited internet access dial up plans are intended for attended and intermittent use only and not as a permanent internet connection. If Genesis Energy considers, in its sole discretion, that you are using an unlimited internet access dial up plan as a permanent connection, it may

1. charge you for your usage at business rates (which rates are disclosed on our website); or
2. transfer you to an alternative plan,

provided it gives you not less than 5 days notice of its intention to do so.

For the purposes of this clause 11.3, permanent use is defined as including (without limitation):

1. usage of more than an average of 300 hours per month over 2 consecutive months;
2. repeated connections of more than 12 hours; or
3. sending and receiving more than 4 gigabytes of data per month.

12 Broadband access plans

12.1 If your Account relates to a broadband access plan, the terms and conditions set out in this clause 12 will apply to you.


12.2 To use Genesis Energy's broadband services you must have a current Telecom phone connection that is connected to an exchange that is DSL-capable, a computer that meets certain minimum performance requirements and an ADSL modem. You are responsible for ensuring that you have, and maintain, each of these requirements, although the modem may be supplied by Genesis Energy, and charged to your account unless Genesis Energy in its sole discretion waives this charge.

12.3 You acknowledge that the provision of our broadband service is dependent on you maintaining your Telecom phone line connection and that it is connected to an exchange that is DSL-capable. If your Telecom phone line connection is disconnected for any reason or if you move from your current address, you will not be able to access our broadband service. However, you will remain liable for any charges relating to the provision of the Service until you terminate your Account in accordance with clause 12.5.

If your Telecom phone line connection is disconnected for any reason, you agree that Genesis Energy may terminate your Account.

If you intend moving from your current address, you must give Genesis Energy at least 14 days prior notice of your intended moving date. Genesis Energy agrees to make all reasonable efforts to provide you with the Service at your new address within a reasonable time frame. You acknowledge that you may be liable to pay a new connection fee at your new address.

12.4 The line speeds for Genesis Energy's broadband services are estimates only and are based on information provided to us by Telecom New Zealand. Genesis Energy does not warrant or guarantee the line speed performance of its broadband service.

12.5 You can cancel your broadband access plan at any time provided you give us not less than 45 days prior notice and provided you agree to pay any outstanding Charges, plus all fees, costs and charges imposed by Telecom New Zealand in relation to your Account.

12.6 If you cancel your broadband access plan, a reconnection fee will apply if you wish to reinstate your service.


13. Force majeure

Genesis Energy shall not be liable for any failure or delay in performing its obligations under the ISP Terms if such failure or delay arises directly or indirectly from a cause reasonably unforeseeable or beyond Genesis Energy's control, including without limitation, acts of God, strikes; government restraint, prohibition, intervention or direction.

14. Assignment

Your rights and obligations under the ISP Terms shall not be assigned, sold, transferred or otherwise disposed of in any way by you.


15. Sub-contracting

Genesis Energy may subcontract the performance of the ISP Terms or any part of the ISP Terms to any person and at any time without your consent.


16. No waiver

Any delay, failure or forbearance by Genesis Energy to exercise (in whole or in part) any right, power or remedy under, or in connection with, the ISP Terms shall not operate as a waiver of such right, power or remedy. A waiver of any breach of any provision of the ISP Terms shall not be effective unless that waiver is in writing and assigned by Genesis Energy. A waiver over any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.


17. Entire agreement

These ISP Terms, the Access Terms and the Acceptable Use Policy constitute the entire agreement between Genesis Energy and you and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing.


18. Confidentiality

You agree that the Internet is a medium which lacks consistent security and confidentiality and that we have the right to check your use of the system. We will make reasonable commercial efforts to protect your confidentiality. However, you should assume that your use of our Service is not confidential nor secure. If we consider in our discretion that your use of our Service is defamatory, contrary to accepted community standards or illegal you acknowledge that we have the right to disclose those activities to any person, including the police.

Without limitation to the foregoing we can check your use of the system to ensure that your use is not breaching the ISP Terms or for assessing any charges which may be payable by you.


19. Use of personal information

If you are an individual, when you complete your application for our Service you authorise us and our agents, to collect information about you. We will use this information for statistical analysis and to provide the Service to you.

You authorise us and our agents, to supply and disclose personal information as to your credit-worthiness and for us to forward information to an agent for collection of any amounts overdue.

Under the provisions of the Privacy Act 1993 you may request access to and correction of your personal information. Requests must be in writing, which includes email. We may charge a fee for the reasonable costs incurred in responding to these requests but we will disclose the costs to you before those costs are incurred.

20. Governing law

The ISP Terms are governed by the laws of New Zealand and the parties submit to the exclusive jurisdiction of the Courts of New Zealand in respect of any dispute or proceeding arising out of the ISP Terms.