This Agreement was last revised on December 16, 2024.
PLEASE READ THIS ENTIRE SUBSCRIBER AGREEMENT CAREFULLY, AS IT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND GRAVITY INTERNET LTD (“GRAVITY”). BY APPLYING FOR OR CREATING AN ACCOUNT WITH GRAVITY, OR BY SUBSCRIBING TO OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
GENERAL TERMS AND CONDITIONS
1 WARNING
Gravity gives you the following warnings:
· The satellite service is only available in New Zealand.
· Speeds of download and uploads are not guaranteed. During peak hours speeds may vary.
· The proximity to the Wifi source and the strengths of the signal will affect the user experience.
· In some locations in New Zealand the full speeds may not be attainable.
2 DEFINITIONS
The following definitions apply in this Agreement:
Confidential Information means all information about the Service, Gravity and the Customer which has been or will be disclosed between the parties excluding any information which:
(a) Was in the public domain prior to the signing of this agreement.
(b) Is lawfully in possession of the party other than by signing this agreement.
(c) Is information generally available to the public.
Consequential Loss includes any costs, expenses, damages or other losses arising from losses of revenue, profit, business opportunities, future savings, goodwill, data, third party claims, or any other indirect or claimable losses.
Customer and You means the person or entity taking Services from Gravity.
Data means data, information, messages in electronic form or otherwise delivered using the Service.
Equipment means the Indoor Unit and the Outdoor Unit.
Fees means monthly subscription fee for every month for which the Service is provided.
Gravity Network means the satellites owned and operated by Optus and associated ground based infrastructure to the extent required to enable Gravity to provide the Service.
Indoor Unit means the satellite modem and power supply.
Outdoor Unit means the [LNB, BUC, or transceiver and antenna].
Service means a connection from the Equipment to a satellite which is available to download and upload Data which switches and received or transmits calls, messages and Data and carries information between the internet and your personal computer, tablet or other internet capable device.
3 THE SERVICE
3.1 Gravity supplies You with the Service on the terms and conditions set out in this Agreement.
3.2 Gravity will take all reasonable steps to make sure that You can receive the Service. However you acknowledge that:
(a) The Service is not free from faults or interruptions.
(b) You may not be able to use the Service in some areas, or in some buildings, or at certain times.
(c) Gravity does not warrant currency, availability, accuracy, security or the quality of any information which You receive or can access using the Service.
(d) You are responsible for any reliance on or use of the information which You receive or can access using the Service; and
(e) The Service can only be used when the satellite connection is available and present.
3.3 Provision of Equipment:
(a) The outdoor unit installed at your property will be:
(i) Owned by You if You pay the full installation fee and have an open ended agreement.
(ii) Owned by Gravity if the term of the Service is a fixed term.
(b) The Indoor Unit at all times remains and is the property of Gravity.
(c) Gravity has the right to protect its ownership in the equipment owned by Gravity by registering a property security interest.
(d) The Indoor Unit and the Outdoor Unit are called the ‘Equipment’.
3.4 Installation of Equipment
You acknowledge and agree that Gravity or its designated service provider (i.e. installation contractor) may be required to access your premises and/or computer system in order to install and maintain the components necessary for you to access the Service, including the Equipment and the power supply. This may include opening your computer to install, repair, or replace equipment or to install software on your computer at your location. By accepting this Agreement and scheduling a service or installation visit, you hereby authorise Gravity or its service provider to access your computer for the purpose of installing, repairing, or replacing Equipment for the purpose of facilitating your access to the Service. To the maximum extent permitted by law, neither Gravity, its directors, employees nor its service provider, shall have any liability whatsoever for any losses resulting from installation, repair, or other services, including without limitation damage to your premises or computer, or loss of software, data, or other information from your computer. Gravity may check the health and status of your computer to ensure that your configuration is optimised for use with the Service.
3.5 Maintenance of the Equipment
The Equipment must be maintained in good working order. Gravity reserves the right to enter your Property to main, repair and/or replace any of the components of the Equipment on giving you notice to that effect.
If you have damaged any part of the Equipment Gravity reserves the right to recover all costs to repair or replace the Equipment for you including all Gravity’s service charges. Should you fail on termination of this agreement to return the relevant unit Gravity can recover from you the cost of replacement of the unit not returned in good working order.
4 YOUR OBLIGATIONS
4.1 You must:
(a) keep the Equipment safe and in good condition;
(b) return the Indoor Unit and if you do not return it to Gravity you will be liable to pay Gravity the cost of the Indoor Unit;
(c) the Outdoor Unit may be recovered by Gravity or if Gravity does not require it may be left in place;
(d) notify Gravity immediately of loss of, or damage to, any of the Equipment;
(e) diligently monitor Your Call usage so that You do not overcommit Yourself financially;
(f) pay all fees and charges which are incurred in Your use of the Service, as set out in Part A and Part B of this Agreement and all applicable government taxes, duties, imposts or levies such as GST;
(g) comply with all Laws concerning use of the Service;
(h) give Gravity all information and co-operation it may require in relation to the Service;
(i) not resell, distribute, or reproduce any part of the Service;
(j) notify Gravity as soon as You become aware of any claim You may have against Gravity in relation to the Service.
4.2 You must not:
(a) disclose to any person any Confidential Information or access numbers or passwords for technical support provided by Gravity (including but not limited to Your enquiry number); or
(b) use the Service for any improper, immoral, unauthorised or unlawful purpose or allow any other person to use the Service for such purposes; or
(c) resupply the Service to any other person without Gravity’s prior written approval, which approval may be withheld by Gravity in its sole discretion.
4.3 Your Responsibilities:
(a) You have a number of responsibilities and liabilities under this agreement. You shall be responsible for:
(i) All access to and use of the Services through your account and connection.
(ii) Payment for all amounts due on the due date for payment.
(iii) Limiting the use of your connection for household use accepting it may not be suitable for business use.
(iv) Ensuring access is not given to minors for unsuitable material that may be available through the Service.
(v) Providing true and accurate information about yourself, your address and connection details.
(vi) Ensuring the network to which the Service is connected is protected by cyber interference.
4.4 If you shift to another property you must immediately notify Gravity and meet all charges and expenses incurred by Gravity in shifting the Equipment to another property.
4.5 You agree to comply with any general policy introduced by Gravity for the use of the Services and that is applicable to all users of the Services and that is applicable to all users of the Services and which is for the benefit as a whole of all users of the Services.
5 TERM OF AGREEMENT
5.1 If you have a fixed term contract the term expires at the end of the term set out in that contract.
5.2 If you have an open term agreement your term will be for a minimum period of three years and thereafter shall continue on a month by month basis terminable by one calendar months notice from either party.
5.3 The term may be terminated earlier for breach of this agreement.
5.4 If you terminate your contract before wo years have expired you will pay to Gravity the costs of $600 incurred by Gravity and which are irrecoverable together with $1,000 if terminated in the first 6 months from commencement reducing by $250 every six months until the fee is $250.
6 SOFTWARE LICENCE
Gravity may provide you with software and written materials, including documentation (the ‘Software’). Subject to the terms of this agreement Gravity grants you a limited personal non-exclusive, non-licensable and non-transferable licence to use and display the Software as part of the Service. You may not alter, reconfigure, reverse engineer, decompile or create any other derivative works from the Software in whole or in part. Any unauthorised use of the Software will result in termination of this agreement. From time to time Gravity will provide automatic software and technology upgrades to improve the Service.
7 SERVICE SUSPENSION, LIMITATION OR TERMINATION
7.1 Subject to applicable law, Gravity may, in its absolute discretion suspend, limit or terminate the provision of the Service if:
(a) Gravity gives You thirty (30) days written notice of its intention to do so, provided only that You have been Connected for a period exceeding the Contract Term; or
(b) You exceed the Credit Limited; or
(c) You are in breach of this Agreement; or
(d) a regulatory authority instructs Gravity to do so; or
(e) there are technical problems with the Service Network which require corrective action by Gravity; or
(f) Gravity reasonably believes that the Service is being used to commit unauthorised, criminal, or unlawful activities; or
(g) Gravity reasonably believe that You have engaged in fraudulent activities in relation to a Service provided by Gravity; or
(h) Gravity reasonably believes that You have resupplied the Service to another person without Gravity’s prior written approval; or
(i) Gravity is required by law to do so, or is requested to do so by a law enforcement agency; or
(j) Gravity is required to do so under any agreement with a third party or because a telecommunications or satellite service is unavailable from a third party.
7.2 Where Gravity suspends, limits or terminates the Service under clause 4.1 Gravity will use its reasonable endeavours to provide notice to You.
7.3 Gravity may give you 30 days notice varying or amending the terms of this agreement or the monthly charges. Any variation or amendment is effective from the expiry of that notice. You may elect to cancel the service within that 30 day period.
7.4 In the event Gravity modifies this Agreement, the Services (where such modification has a material adverse effect on your use of the Services), or related pricing or billing terms, you may terminate your Service Plan and this Agreement by giving notice of termination to Gravity within 30 days of your receipt of notice of such modification. If the modification has a material adverse effect on your use of the Services, any such termination will not be subject to a Service Termination Fee (but will be subject to any applicable Unreturned Equipment Fee).
7.5 Gravity may suspend or limit the Service provided to You if, in Gravity’s reasonable opinion, the amount of charges accrued on Your account is usually high. In making this determination Gravity may have regard to matters including:
(a) Your previous average daily Call spend;
(b) the total of Your billed Call charges; and
(c) any unusual Call spending patterns.
8 PAYMENTS
You must pay Gravity by one of the following methods:
(a) Providing a direct debit to your bank account.
(b) Debiting all charges to a credit or debit card acceptable to Gravity.
You will sign all documents necessary or required for Gravity to charge all payments under this agreement to that card or bank account including monthly payments, service fees and unreturned Equipment charges.
9 RIGHTS OF GRAVITY
9.1 Gravity will have the following rights in relation to the provision of the Services:
(a) To add to, revise, reconfigure, or otherwise alter provided the level of service to You is maintained.
(b) To revise the pricing of the Services from time to time provided that pricing is not charged more than once in any 12 month period and at least 30 days notice of any change is given to you.
(c) To replace or update the equipment provided to you at the cost of Gravity.
(d) To access your property for the purposes of repairing, replacing or verifying the equipment provided by Gravity to enable the Service to be provided and all network connections are operating.
10 RESPONSIBILITIES OF YOU
You shall be responsible at all times for:
10.1 Payment of all charges on the date for payment.
10.2 Accessing your services using the correct passwords or codes, if applicable.
10.3 Ensuring third parties do not access the Services without supervision by you.
10.4 Shifting the Equipment to another property except after notifying Gravity and arranging.
11 DISCLOSURE OF INFORMATION BY GRAVITY
11.1 Gravity and/or its agents and service providers may collect Your personal information. Gravity collects Your personal information to provide You with personalised services. Gravity may use Your personal information for purposes that are related to providing You with those services which would be reasonably expected by You (including for the purpose of keeping You informed about the features of Gravity's services or conducting analysis in order to provide a better service to You).
11.2 Gravity will provide You with access to Your personal information in accordance with the Privacy Act and the Privacy Policy.
11.3 Gravity may receive and disclose personal information or documents about You to or from:
(a) credit providers or credit reporting agencies for purposes permitted under the Privacy Act;
(b) law enforcement agencies to assist them in the prevention of criminal activity; or
(c) Financial Institutions for the purpose of preventing fraud and to assist in fraud investigation; or
(d) our service and content providers, Authorised Dealers and agents, or any company within the Gravity group for purposes that are related to providing you with a telecommunications service which would be reasonably expected.
11.4 Unless You consent, Gravity will not disclose Your personal information to third parties, other than those who have contracted with Gravity to keep the information confidential, or who are subject to obligations to protect Your personal information.
11.5 You acknowledge that any calls made to Gravity's customer call centre may be recorded for quality assurance purposes.
12 OBLIGATIONS ON TERMINATION
12.1 On termination of this Agreement, You must:
(a) return all property to Gravity including Equipment to which Gravity has rights, whether under this Agreement or under the general law; and
(b) pay all amounts due to Gravity under this Agreement.
12.2 If you do not return the Equipment you will be liable to pay the cost of the Equipment.
12.3 On termination of this Agreement, Gravity must refund to You any monies held on account for You after all of Your debts and liabilities have been met under clause 12.1 and 12.2. Gravity, in its absolute discretion, may set-off any amounts payable to You until You pay Gravity all due amounts.
13 ASSIGNMENT
13.1 You must not transfer or assign any rights and obligations under this Agreement without the prior written permission of Gravity. Gravity may assign its right under this Agreement subject to clause 13.2 below.
13.2 If Gravity sells or otherwise reorganises its business such that the Services will be supplied by a substantially different Supplier, or using a different Service Network (Transfer), Gravity must issue notice to You before Your Service is transferred informing You:
(a) that the Service will be Transferred to a new Supplier or Service Network, and the contact details for that new Supplier if relevant;
(b) any material adverse impact to Your use of the Services, or any equipment used to access the Services expected as a result of the Transfer;
(c) when the Transfer is likely to be effected;
(d) the contact details for lodging an enquiry or Complaint about the Transfer; and
(e) Your rights to terminate the Agreement, any charges for terminating the Agreement, and the period during which notice of termination can be given by You.
13.3 Gravity will use reasonable efforts to notify you of the completion of the Transfer on the day on which it occurs.
14 WARRANTY FOR EQUIPMENT
14.1 Gravity warrants to You that subject to the Equipment being used in a proper and usual way the Equipment will be free from defects in material and workmanship for a standard limited warranty period of 12 months from the date of activation. Any Equipment replaced or repaired under this warranty will be warranted for the remainder of the original warranty period, or 30 days, whichever is the longer. Gravity reserves the right under this warranty provision to:
(a) repair or replace the defective equipment within 30 days; or
(b) upgrade the Equipment to a later generation product at the option of Gravity.
The cost of the replacement equipment, subject to the above, will be paid for by Gravity but the cost of onsite service technician necessary to install the Equipment will be paid by You.
15 LIMITATION ON LIABILITY
Neither Gravity nor any of its directors, employees or agents should be liable for any direct, indirect or Consequential Loss arising either directly or indirectly from the Services being provided under this agreement.
16 INDEMNITY
You will indemnify Gravity for any improper or inappropriate use of the Equipment or in relation to the Service and indemnify Gravity for any claim or allegation made against Gravity arising from any misuse of the Service or information received or disseminated using the Equipment.
17 GOVERNING LAW
This agreement is made in accordance with the laws of New Zealand and each party agrees to be bound by the laws of New Zealand in enforcing the terms and provisions of this agreement.
18 NOTICES
You agree that any notice made be delivered to You by email, pop up window, or posting a message in the secure customer portal and you agree that service by such means shall be a valid and effective service of that notice to You.