These terms and conditions are effective from 1 September 2008. However, if you are an existing Infogen customer on 1 September 2008, these terms and conditions will apply to you from 1 October 2008. These terms and conditions replace any previous agreement(s) we have with you. Click here to view the old Terms and Conditions.

1. Acceptance

Your registration of an Internet service account ("Account") with Genesis Power Limited trading as Infogen ("Infogen") and your access, connection and use of the Infogen service ("Service") is subject to the following terms and conditions ("ISP Terms"), 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 have 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

Infogen reserves the right, at its discretion, to update or revise these ISP Terms (including the price and services provided). Please check the ISP Terms on our website 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.

Infogen shall provide at least 10 working days and wherever possible at least one month's notice of material changes to the ISP Terms, including where Infogen increases prices for the Service.

Any changes to the frequency of billing, a material price increase, or alteration to a service offering which materially reduces the Service currently received by you will be individually communicated to you. This may include notification via bill insert, email or text message.

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 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, 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 Infogen 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 Infogen.

4. Payment

4.1 You agree to pay the Charges as set out on the 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. Infogen may charge you a late payment fee if your Account is overdue.
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 14.5 (in the case of broadband users), you agree to give Infogen 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 Service 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 Infogen 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.

4.3 If you dispute any amount payable under your Account, you must give us notice identifying the amount in dispute and full reasons for the dispute. Infogen will investigate the dispute as quickly as possible. You do not need to pay the disputed part of your Account while Infogen investigates and confirms whether there has been an error, but you must still pay the undisputed part of your Account on time.

5. Your responsibility to Infogen

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 Infogen which will be charged to your account.

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

6.1 You acknowledge that, subject to you subscribing to Infogen's content filtering service ("Content Filtering Service"), Infogen 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.

Infogen shall not be held responsible in any way for any content or information accessed via the Service. Further, Infogen 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 Infogen's service provider, Orcon, will fix network faults in its network at no charge to you unless you have caused or contributed to the fault.

6.5 Infogen 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.

6.6 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.

6.7 If the Service is discontinued, Infogen will, where practical, try to move you to a comparable service.

6.8 You may not be able to receive the Service in all places at all times at optimum levels. If possible, Infogen will advise you at the time of signing up for the Service if you may not be able to receive the Service.

7. Content filtering service

7.1 If you have subscribed to the Content Filtering Service, while Infogen 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. Infogen 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, Infogen 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 any may be adversely affected by network performance and other operational factors beyond Infogen's control.

8. Phone support

8.1 Infogen 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 Infogen 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 Infogen, 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 a result, then you must pay those costs if we require you to do so.

10. Suspension and termination

10.1 Infogen 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 Acceptable Use Policy.

10.2 Infogen shall use reasonable endeavours to notify you that you have outstanding amounts owing and shall notify you at least 5 working days before it suspends your access to the Service or terminates your Account for non-payment of any Charges.

10.3 Infogen may also require you to pay a disconnection fee in respect of any action taken by Infogen under this section. Our disconnection (including temporary disconnection) and reconnection fees can be found at our website www.infogen.co.nz.

10.4 Subject to clause 14.5 (in the case of broadband users), you may terminate your Account by giving Infogen at least 30 days prior written notice of your intention to terminate your Account.

11. Access to premises

11.1 You must permit Infogen, or any of its representatives, reasonable access to your premises for any direct purposes relating to supply of the Service.

11.2 Any representatives of Infogen requesting access to your premises should carry identification. If they are unable or unwilling to show you their identification, you should not give them access and should contact Infogen immediately to confirm the reasons for the visit.

11.3 If you are not able to grant access to your premises, please contact Infogen to discuss alternative access options. If you don't provide access, Infogen may not be able to supply the Service to your premises.

12. Equipment ownership and maintenance

12.1 Infogen may provide you with equipment in order to provide the Service ("Equipment"). The Equipment will remain the property of Infogen at all times unless otherwise agreed, and may not be sold, rented, charged or otherwise transferred without our prior written consent.

12.2 You will keep the Equipment in your possession at your premises and will be responsible for its security and condition. You will notify Infogen of any damage to the Equipment and will not undertake any work on the Equipment except where authorised by Infogen. Any Equipment lost or damaged by you will be invoiced at replacement value.

12.3 You will bear the cost of returning Equipment to Infogen to be repaired.

13. Dial-up access plans

13.1 If your Account relates to a dial-up access plan, the terms and conditions set out in this clause 13 will apply to you.

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

13.3 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 Infogen 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 13.3, 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 that 4 gigabytes of data per month.

14. Broadband access plan

14.1 If your Account relates to a broadband access plan, the terms and conditions set out in this clause 14 will apply to you.

14.2 To use Infogen'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 Infogen, and charged to your Account unless Infogen in its sole discretion waives this charge.

14.3 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 14.5.

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

If you intend moving from your current address, you must give Infogen at least 14 days prior notice of your intended moving date. Infogen 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.

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

14.5 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.

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

15. Complaints

15.1 You should refer any complaints in relation to the Service to Infogen who will provide you with a copy of the complaint handling policy. Infogen will also provide you with a timeframe for the possible resolution of the complaint.

15.2 Infogen is bound by the Telecommunications Dispute Resolution Scheme Terms of Reference and the TCFCCC ("Code"). Infogen shall handle any complaints in accordance with the Code and any relevant law. Where there is any conflict between the Code and these ISP Terms, the Code shall take precedence.

15.3 Infogen shall not impose complaint handling charges, except where you request information that is older than three months, in which case Infogen may charge a reasonable levy in accordance with the Code to retrieve that information.

16. Force majeure

Infogen 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 Infogen's control, including without limitation, acts of God, strikes; government restraint, prohibition, intervention or direction.

17. Assignment

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

18. Sub-contracting

Infogen may sub-contract the performance of the ISP Terms or any part of the ISP Terms to any person and at any time without your consent.

19. No waiver

Any delay, failure or forbearance by Infogen 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 Infogen. A waiver over any breach shall not be, or be deemed to be, a waiver of any other or subsequent breach.

20. Entire agreement

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

21. 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.

22. Use of personal information

22.1 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.

22.2 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.

22.3 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.

23. Governing law

23.1 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.