Terms and Conditions

GENERAL TERMS AND CONDITIONS

  1. THESE TERMS AND CONDITIONS

    These General Terms and Conditions apply to you if you are a business or residential customer of CRS Communications’s internet services. Additional service terms and conditions will apply and can be found on the CRS Communications website. Any promotional or special offers will have additional terms and conditions. You will also be bound by the specific terms of each CRS Communications service plan chosen by you and these can be found on the CRS Communications website. If there is any conflict or inconsistency between these General Terms and Conditions and the terms and conditions applying to specific CRS Communications services then, unless otherwise expressly stated, the terms and conditions applying to the specific service will prevail. For the avoidance of doubt, these Terms and Conditions do not apply to you if you have executed a separate Master Services Agreement with CRS Communications. In these terms and conditions “CRS Communications”, “we” or “us” refers to CRS Communications Limited, “you” refers to CRS Communications customers and “services’ refers to all the goods and services that CRS Communications provides.
  2. CHANGES TO TERMS AND CONDITIONS

    1. CRS Communications may need to change its terms and conditions but we will always give you at least 10 working days notice and where possible one month’s notice before making any material changes by sending you an email to your preferred contact email address telling you about the changes and explaining their general nature.
  3. CHARGES AND CHANGES TO PLANS

    1. You agree that you will pay CRS Communications for all the services and goods it provides to you (regardless of who uses such services). Details of our current rates and charges are available at http://www.crs.net.nz or you can call 0800 947 353.
    2. We may make changes to our plans from time to time. If we increase any fees or charges for any CRS Communications service (including the introduction of charges for services previously free of charge) we will wherever possible give you at least one month’s notice and in any event will give you a minimum of 10 working days’ notice by sending you an email to your preferred contact email address telling you about the new charges and any other changes to your plan. If you change your Plan it is your responsibility to check whether any specific terms and conditions apply to such new plan. If you request a Plan change, such change will take effect from the date we confirm the change has been completed. You will be billed at the amended plan rate from commencement of the next CRS Communications billing cycle.
    3. You must pay any CRS Communications charges by the due date shown on your invoice. Your invoice will be sent to you by email to your preferred contact email address. Method(s) of payment will be set out in your invoice. Please ensure that you keep your email account password secure as the invoice will contain details of all your CRS Communications services.
    4. If your payment is overdue, CRS Communications may suspend or restrict provision of services to you and we may charge you a late payment fee. You will pay for any costs we incur in attempting to recover any overdue amounts from you. Please let us know before the due date if you think that there is a mistake on your invoice. While you are waiting for us to confirm whether or not any error has occurred, you do not have to pay the disputed part of the bill. You must pay any amount that is not disputed by the due date for payment.
    5. You cannot claim a refund for any unused hours or data within the relevant billing period and you cannot accumulate this unused amount for the following billing period.
    6. We reserve the right to impose a credit limit on your account at any time. You agree that any credit limit imposed by us may be changed at our discretion with immediate effect. If at any time you exceed this credit limit, we will be entitled to suspend our supply of the services to you.
  4. CREDIT REFERENCES

    1. We may require you to provide credit references and other credit information from time to time and you authorise us to check your credit status with any credit reference agency. If you are unhappy with the result of any credit reference check you must take this up directly with the credit reference agency.
    2. We may decline your application or terminate your connection at our discretion. Subject to applicable privacy laws, we do not have disclose the reasons for our decision.
    3. You may have to pay us a deposit before you can use, or continue to use, our services. We will notify you when this is required.
  5. YOUR RESPONSIBILITIES

    1. You will:
      • ensure that all the information you give us is correct
      • notify us immediately of any change of your address, phone number or preferred contact email address
      • protect your computer against any virus, unauthorized access and spam
      • not transmit or store any information on the CRS Communications network that contains any form of virus
      • use CRS Communications services for lawful purposes only and to follow any instructions we give you
      • not use our services in any way or act in any way which may be abusive, offensive or a nuisance to someone else, including us or any of our agents;
      • ensure that any wireless network set up at your premises is secure. You will be liable for any charges incurred as a result of a third party obtaining unauthorized access to your wireless network
      • not forge email or create or use a false identity for the purpose of misleading others as to the identity of the sender or origin of any message
      • keep your CRS Communications passwords secure and confidential and notify us immediately if you believe that someone else has discovered your password or is using your CRS Communications services fraudulently. CRS Communications will not be liable for any unauthorized use of your password and may charge a fee if you request an investigation of the use of your account
      • comply with our Acceptable Use Policy, which can be viewed at our website at http://www.crs.net.nz and any of our other policies which apply to a particular service
    2. Using our services in ways that we deem inappropriate, abusive, illegal, or similar is strictly prohibited. If you use the services in such a way then we may suspend or terminate your service without notice. If we incur costs as a result of your misuse of our services, we may pass these costs on to you at our discretion, and legal action may be taken against you. Further, we reserve the right to remove any material from our servers which we consider to breach the terms of this agreement or any law.
    3. If we consider it is necessary for the purpose of us providing you any service, you will allow us or our agents to come onto your property to work on our network or anything connected to it. People we send will carry proof of identity and we will always try to contact you before we do this. If, for any reason, we are unable to gain access to your property we may not be able to provide you with the relevant services.
  6. PRIVACY

    1. During the provision of services to you, you agree that CRS Communications may collect information about you. This may be obtained from you or may be generated from your use of the CRS Communications services. You may decide not to provide us with certain personal information but this may mean that we cannot provide the services to you. CRS Communications will deal with all your information in accordance with the Privacy Act 1993.
    2. We may monitor or record calls to customer services for training purposes, to improve service quality and to aid in dispute resolution.
    3. You can at any time make a written request to see any personal information that we hold or to ask us to correct any mistakes in that information.
    4. You agree that we can collect information about you (such as your address, phone number and evidence that you will be able to pay for our services) and the ways that you use our services. We will collect this information from our communications with you and through your use of the services. You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations, including, but not limited to: complete credit checking providing services to you administering your account recovering overdue accounts keeping you informed about our services (unless you have advised us that you do not want to receive this information). You agree that we may send you marketing messages, electronic or otherwise, about our special offers, products and services which may be of interest to you. You agree too that the electronic marketing message we send you need not include an unsubscribe facility looking at ways in which we can improve our services sending you bills resolving any disputes training our staff.
    5. We may provide your personal information to third party network operators where we have arrangements with such operators for the provision of our services or where your information is being transferred to/from such an operator or for the purposes of investigating an alleged fraud or other offence.
    6. If you contact us through the preferred contact email address you register with us when you create your account, or any email address that we provide to you as part of the services, we will take this to mean you are the account holder and have authority on the account. Please keep access to your preferred email account(s) secure.
    7. We may be obliged to provide your personal information to a public sector agency if that agency requests such information for its investigations.
  7. ENDING THE AGREEMENT

    1. Except where you have agreed to use our services for a fixed term, you may terminate the agreement by calling the Help Desk on 0800 947 353 and the agreement will end and charges will stop one month after we receive your notice unless agreed otherwise.
    2. If your services are provided under a fixed term contract, you may have to pay an early disconnection fee, details of which can be found on our website at http://www.crs.net.nz . You may also be liable for charges in relation to any equipment that has been provided to you by CRS Communications for the use of CRS Communications services. On expiry of that fixed Term, your connection may be terminated by you or us on one month’s notice or any lesser notice period agreed between us.
    3. In addition to our rights under clause 7.2 above, we may terminate our agreement with you immediately without notifying you if we believe you have not met your obligations under these General Terms or the terms and conditions relating to the relevant specific CRS Communications service. We may also suspend or terminate our agreement with you without notifying you in advance where:
      • your use or our services is unusual or excessive
      • you are, or are likely to become, insolvent or bankrupt or a receiver or manager is appointed over any of your assets or a resolution for liquidation is proposed or passed in respect of you
      • the CRS Communications services are not available to you (for any reason)
    4. Upon termination all payments due by you to us will be immediately due and payable, and you agree to pay CRS Communications all such amounts immediately upon demand.
    5. No refund is given on monthly fees paid in advance, where you terminate a service part way through the period for which you have paid.
    6. Certain rights and obligations will continue after the termination of this agreement. These include, but are not limited to, the payment of outstanding amounts and the return of any CRS Communications equipment you may have.
    7. We may terminate our agreement with you immediately if we believe you have not met your obligations under these General Terms or the terms and conditions relating to the relevant specific CRS Communications service. We may end our agreement with you for any other reason by giving you at least one month’s notice.
    8. Upon termination all payments due by you to us will be immediately due and payable, and you agree to pay CRS Communications all such amounts immediately upon demand.
  8. LIABILITY

    1. CRS Communications will not be liable to you if it is prevented from providing the services by reason of any act of God, act of state, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo, adverse weather conditions or any other circumstance (including a network failure) beyond our reasonable control. If such an event occurs, CRS Communications will endeavour to advise you of the existence of the event and the effect of such event on the provision of the services.
    2. CRS Communications excludes all liability we may have to you or anyone claiming through you whether in contract, tort, equity or otherwise relating to any indirect or consequential loss, damage or expense of any kind whatsoever arising under or in respect of this Agreement including, without limitation, any economic loss, loss of use, loss of profits, loss of income, or increased or alternative costs, however caused. This exclusion applies to any claim you may have for any damages whatsoever and applies for the benefit of the following people:
      • CRS Communications and any of its related companies;
      • CRS Communications employees, contractors, officers and agents
      • Any network operator or other person whose services we use to provide services to you (or any of their employees, contractors, officers and agents).
    3. If, despite the exclusion set out above, CRS Communications is held to be liable to you, then our liability is limited to a maximum of $5000 for any event (or series of related events) and to a maximum of $10,000 in any 12 month period.
    4. For the avoidance of doubt, CRS Communications shall not be liable to you for any indirect or consequential loss, damage or expense of any kind whatsoever arising under or in respect of this Agreement. This includes, without limitation, any economic loss, loss of use, loss of profits, loss of income, or increased or alternative costs, however caused.
    5. Except as specifically outlined herein, we make no warranties in relation to our service or the service of any other service provider (including that the services will be continuous or fault-free at all times) and we will have no liability if your use of the service or any other provider's service infringes any third party's intellectual property rights.
    6. You agree that if the services you acquire under this agreement are for the purposes of a business then the Consumer Guarantees Act 1993 does not apply.
  9. COMPLAINTS

    1. If you have a complaint concerning any aspect of your use of CRS Communications services you should email us by using the Online Feedback form which can be found on our website.
    2. We will handle your complaint with care and in a fair and efficient manner in accordance with our complaints resolution procedure which can be viewed on our website.
  10. INTELLECTUAL PROPERTY

    1. Except as expressly set out in these General Terms and Conditions or in any terms and conditions relating to specific services, you do not acquire any rights or interests in CRS Communications’s intellectual property (which includes, without limitation, patents, trade marks and copyright). All CRS Communications’s intellectual property (including modifications or additions to any current CRS Communications intellectual property which are created, made or discovered in the course of CRS Communications providing the services to you) is and will remain the absolute property of CRS Communications.
    2. If we provide software, documentation, manuals or other materials (whether as hard or soft copies) to enable you to receive and use a service, we grant you a non-exclusive, non-transferable licence to use such software, documentation, manuals or materials for your own use. Any licence we grant under this clause will terminate when the relevant service is terminated.
    3. If a service provides you with content or software licensed by third parties who require you to accept their terms of use, you must comply with those terms.
    4. Except as permitted by law or as expressly permitted under these General Terms and Conditions or in any terms and conditions relating to specific services you must not, without prior written consent, copy, de-compile or modify intellectual property of CRS Communications or any third party or permit anyone else to do so.
  11. NOT AN ANONYMOUS SERVICE

    1. All email messages sent from the CRS Communications email service include the original X-Sender, IP address, date, time and originating details. CRS Communications does not and will not provide any form of anonymous service to any customer.
  12. MISCELLANEOUS

    1. You may not assign any of your rights or obligations under the General Terms and Conditions or in any terms and conditions relating to specific services. We may assign our rights to a third party at any time, without your consent and without providing you with advance notice of such assignment.
    2. Any CRS Communications address or intellectual property remains the property of CRS Communications at all times. When you use an CRS Communications service, you may create a login name, email address and/or website . These addresses and all pertinent details will remain the property of CRS Communications. While it is unlikely that we may need to delete these addresses or modify them in some way, there are certain services that are reserved for CRS Communications use. If at any future date CRS Communications deems necessary to use your username, email address, web page address for any other reason, we will notify you via your CRS Communications email address with one month’s notice before we withdraw the relevant service.
    3. Any contract we have with you to provide services is governed by and construed in accordance with New Zealand law and you accept the exclusive jurisdiction of the New Zealand Courts.
    4. If a Court of competent jurisdiction rules that any part of these General Terms and Conditions is unenforceable for any reason then such ruling will not affect the remaining provisions which will remain in full force and effect at all times.
    5. Any failure or delay by us in enforcing any provision of our Terms and Conditions will not be deemed to be a waiver of our rights with respect to that provision or any other provision of our terms and conditions.
    6. We may appoint subcontractors to discharge any of our obligations under our Terms and Conditions provided that we will at all times remain primarily labile to you for those subcontractors’ acts and omissions.
    7. These General Terms and Conditions together with any terms and conditions relating to specific services or promotions (including pricing and service descriptions set out on the CRS Communications website) constitute the entire terms and conditions applicable to the agreement between you and CRS Communications.

RESIDENTIAL TERMS AND CONDITIONS

If you are a residential CRS Communications customer, the terms and conditions set out below will govern your use of the CRS Communications services, and the contractual relationship between us in addition to the CRS Communications General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our Website.

  1. Availability AND CONNECTION of Services

    1. Only one internet account can be used on any one phone line or wireless connection. Services are not available in all areas or on all line types.
    2. In some instances, services will not be available in your area for technical reasons such as the distance or location of your premises in relation to an exchange or access point. Further, you may be placed on a waiting list for services, for example if there is limited capacity at your exchange or access point. We will endeavour to contact you as soon as space becomes available.
    3. For wireless services you may require installation and wiring services at your premises. This will incur an installation fee as an accredited technician will need to visit your premises to install a receiver dish and radio.
    4. For fixed line (DSL) services you may require connection and wiring services at your premises if you have numerous jack points or any device which also utilizes the telephone line such as a monitored alarm or Sky TV. This will incur a charge as an accredited technician will need to visit your premises in order to get your services working.
  2. Speed and Quality of Service

    1. Any reference to the data speeds refers to the maximum possible connection speed. Your actual speed depends on a number of factors and we cannot guarantee that you will achieve a maximum connection speed. See our website for further details including the factors that affect your connection speed. Any control we have over data speed is limited to our network and we make no representations in relation to your speed when connecting to servers outside the CRS Communications network.
    2. CRS Communications services are not guaranteed to be fault free or continuous.
    3. CRS Communications prioritises certain types of traffic to ensure VoIP and other real time services provide the best possible experience to the user. Other types of traffic such as peer to peer (P2P) are deprioritised.
    4. The quality of the data you send or receive via CRS Communications services may be affected by various factors including the configuration of our network, the use of the internet, or the configuration of the devices used in sending and/or receiving such data.
  3. Support

    1. While CRS Communications will do everything it can to help you with any problems you experience with your CRS Communications services, in some circumstances, CRS Communications may not be able to provide support in relation to your particular operating system. Further, CRS Communications 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, 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

    1. If you change your address, you may be able to take your services with you however you may be charged a fee for reconnection of your services. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption.
    2. Should your phone line become permanently disconnected for any reason, we will no longer be able to provide fixed line (DSL) services to you and your disconnection will be taken to be a termination of your agreement with CRS Communications for the provision of CRS Communications DSL services. Should you wish to enter into a new agreement for other available services an installation charge and term contract may apply.
  5. Billing

    1. Charges for services will include:
      • Any applicable one-off installation and/or modem charges
      • your CRS Communications 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)
    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.
    3. Payment for CRS Communications services is by automatic payment, direct credit, bill payment or cheque only.
  6. Services and Usage

    1. In the event that we cancel your services, a reconnection fee may apply if you wish to reinstate your services.
    2. If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance at the rates set out on our website at http://www.crs.net.nz Additional data is charged on a per Gigabyte basis and you will be charged the full per Gigabyte rate for any part of the Gigabyte you use. All usage (both upstream and downstream) is counted towards the monthly usage allowance limit for the plan you choose.
    3. Some CRS Communications plans may provide for a fixed data allowance and no overage. If you are on one of these plans and you exceed your monthly data allowance your connection speed may be reduced to a maximum of dial-up speed once you reach your monthly data allowance. All usage (both upstream and downstream) is counted towards the monthly usage allowance limit for the plan you choose.
    4. CRS Communications cannot guarantee that spam or viruses will not reach the recipient. 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 and CRS Communications recommends you install current anti-virus software on your computer.

BUSINESS TERMS AND CONDITIONS

If you are a CRS Communications business customer, the terms and conditions set out below will govern your use of the CRS Communications broadband services, and the contractual relationship between us in addition to the CRS Communications Business General Terms and Conditions. If you receive other services from us, other terms may also apply to you. These terms may be found on our website at http://www.crs.net.nz .

  1. Availability AND CONNECTION of Services

    1. Only one internet account can be used on any one phone line. Services are not available in all areas or on all line types.
    2. In some instances, services will not be available in your area for technical reasons such as the distance or location of your premises in relation to an exchange or access point. Further, you may be placed on a waiting list for services, for example if there is limited capacity at your exchange or access point. We will endeavour to contact you as soon as space becomes available.
    3. For wireless services you may require installation and wiring services at your premises. This will incur an installation fee as an accredited technician will need to visit your premises to install a receiver dish and radio.
    4. For fixed line (DSL) services you may require connection and wiring services at your premises if you have numerous jack points or any device which also utilizes the telephone line such as a monitored alarm or Sky TV. This will incur a charge as an accredited technician will need to visit your premises in order to get your services working.
  2. Speed and Quality of Service

    1. Any reference to the data speeds refers to the maximum possible connection speed. Your actual speed depends on a number of factors and we cannot guarantee that you will achieve a maximum connection speed. See our website for further details including the factors that affect your connection speed. Any control we have over data speed is limited to our network and we make no representations in relation to your speed when connecting to servers outside the CRS Communications network.
    2. CRS Communications services are not guaranteed to be fault free or continuous.
    3. CRS Communications prioritises certain types of traffic to ensure VoIP and other real time services provide the best possible experience to the user. Other types of traffic such as peer to peer (P2P) are deprioritised.
    4. The quality of the data you send or receive via CRS Communications broadband may be affected by various factors including the configuration of our network, the use of the internet, or the configuration of the devices used in sending and/or receiving such data.
  3. Support

    1. While CRS Communications will do everything it can to help you with any problems you experience with your CRS Communications services, in some circumstances, CRS Communications may not be able to provide support in relation to your particular operating system. Further, CRS Communications 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, 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

    1. If you change your address, you may be able to take your services with you however you may be charged a fee for reconnection of your services. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption.
    2. Should your phone line become permanently disconnected for any reason, we will no longer be able to provide fixed line (DSL) services to you and your disconnection will be taken to be a termination of your agreement with CRS Communications for the provision of CRS Communications DSL services. Should you wish to enter into a new agreement for other available services an installation charge and term contract may apply.
  5. Billing

    1. Charges for Broadband usage will include:
      • Any applicable one-off installation and/or modem charges
      • your CRS Communications 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)
    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.
    3. Payment for CRS Communications services is by automatic payment, direct credit, bill payment or cheque only
  6. Services and Usage

    1. In the event that we cancel your services, a reconnection fee may apply if you wish to reinstate your services.
    2. If you are on a plan with a specified data allowance you will be charged for any data in excess of that allowance at the rates set out on our website at http://www.crs.net.nz Additional data is charged on a per GIGABYTE basis and you will be charged the full per GIGABYTE rate for any part of the GIGABYTE you use. All usage (both upstream and downstream) is counted towards the monthly usage allowance limit for the plan you choose.
    3. Some CRS Communications plans may provide for a fixed data allowance and no overage. If you are on one of these plans and you exceed your monthly data allowance your connection speed may be reduced to a maximum of dial-up speed once you reach your monthly data allowance. All usage (both upstream and downstream) is counted towards the monthly usage allowance limit for the plan you choose.
    4. CRS Communications cannot guarantee that spam or viruses will not reach the recipient. 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 and CRS Communications recommends you install current anti-virus software on your computer.
  7. Unlimited Plans

    Customers on unlimited data plans are assigned to a separate “pool” of bandwidth. This is to ensure that usage by unlimited data plan customers does not affect the speed of other customers. CRS Communications has based the size of this pool on estimated data usage by customers. If customers on unlimited plans download data in excess of CRS Communications’s estimates then all customers on unlimited plans may see download/upload speeds drop temporarily. Under its Fair Use Policy CRS Communications has the right to restrict, suspend or terminate a customer’s account should CRS Communications consider usage to be excessive. Please ensure you read the Fair Use Policy carefully.

CUSTOMER PREMISES EQUIPMENT TERMS AND CONDITIONS

Customer Premise Equipment or CPE means the equipment supplied to you by CRS Communications into which the CRS Communications service terminates at your premises.

  1. Ownership of the CPE will at all times remain with CRS Communications and you must not:
    1. sell, lease, dispose of, lend or otherwise part with possession of, or modify in any way, the CPE;
    2. use the CPE for any purpose other than receiving CRS Communications services in accordance with the relevant CRS Communications Service terms and conditions;
    3. do any other act which may adversely affect or prejudice the ownership of the CPE in any way.
  2. We shall deliver and install the CPE at your address as provided to us. We reserve the right to supply you with a CPE that may have been refurbished provided that such refurbished CPE shall be of equivalent quality and functionality as a new CPE.
  3. The CPE is configured to work only with CRS Communications services. You may not use it to obtain services provided by other Internet service providers.
  4. CRS Communications does not provide any warranty as to the level of performance of the CPE or your wireless network which may be affected by conditions outside of our control, including, without limitation, the location of the CPE at your premises, the layout of your premises, the materials used in the construction of your premises, the distances between the CPE and any wireless device that you use with the CPE and any interference with radio signals that may arise in your premises.
  5. We may automatically upgrade the software in the CPE through a download via the Internet. In some circumstances a technician may need to visit your premises to manually upgrade the CPE. You will need to permit access to the CPE for such upgrades to keep your CPE up-to-date.
  6. In the event that the CPE is faulty, we shall replace or repair such defective CPE at our option provided that such fault is not caused by your failure to keep the CPE safe. In the event that we provide you with a replacement CPE as a result of damage caused to the CPE as a result of your action or negligence we will charge you for the cost of replacement.
  7. On termination or cancellation of the relevant CRS Communications Services Agreement you must allow our authorised representative access to your property to remove the CPE. If you fail to return the CPE in accordance with this clause we may require you to pay to CRS Communications on demand an amount of $250 or such other amount as determined by CRS Communications.
  8. You shall be liable for any loss (including by fire) or theft of, or damage however caused to, the CPE during the currency of your CRS Communications services agreement. It is your responsibility to effect insurance cover, if you elect to do so, against potential liability under this clause.
  9. CRS Communications has the right at any time during the currency of this agreement to enter your premises in order to maintain, replace or repossess the CPE or where CRS Communications has reasonable grounds to believe that you are not complying with your obligations under any CRS Communications Services agreement.
  10. CRS Communications may at any time in its absolute discretion require that you exchange any CPE for any new equipment provided or specified by CRS Communications.
  11. We shall not be liable to you for any loss or damage arising out of any loss of data.

CRS COMMUNICATIONS WEBSITE TERMS AND CONDITIONS

These terms and conditions govern your use of the CRS Communications website and apply in relation to any order you make online for any CRS Communications 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.

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

Whenever you order a product or service from CRS Communications online you are making an offer to CRS Communications to purchase such products or services.

CRS Communications may accept or decline such offer in its sole discretion in accordance with the CRS Communications 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. CRS Communications 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.

CRS Communications may use Remarketing with Google Analytics to advertise online.

Third-party vendors, including Google, may show CRS Communications's ads on sites across the Internet.

CRS Communications and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to CRS Communications's website.

Any websites which are linked to the CRS Communications website are not under CRS Communications’s control. These links are provided for your convenience only and CRS Communications is not responsible for their content nor does CRS Communications necessarily endorse the products or services referred to.

You must also get CRS Communications’s permission if you wish to link to this site.

CRS COMMUNICATIONS ACCEPTABLE USE POLICIES

This Acceptable Use Policy applies to anyone who accesses our website, or is a customer of any of our services. If you are a customer of our services, you agree to comply to this Acceptable Use Policy and to any other policies which apply to those particular services.

In this Acceptable Use Policy, "CRS Communications", "we" and "us" refers to CRS Communications Limited, and "you" refers to the person who accesses our website or subscribes to any of our services. We may at any stage change this Acceptable Use Policy or any other policies which apply to particular services. We will notify you of any such changes by posting an updated version of the relevant policy on our website. Any changes will apply from when they are first posted on the website.

  1. SYSTEM ABUSE

    1. Any abuse of our systems ("system abuse") is strictly prohibited. System abuse includes (but is not limited to) the following actions:
      • Attempting to access the Internet from two locations at the same time.
      • Attempting to circumvent user authentication or security of any host, network, or account on our Internet systems or the Internet at large (ie "hacking").
      • Attempting, in any way, to interfere with or deny service to any user or any host on the Internet. This includes, but is not limited to the spawning of an excessive number of processes, consuming excessive amounts of memory, central processor time, hard disk storage space, or abusing any general system resources.
      • Port scanning or investigating network configuration without the permission of the individual or company involved.
      • Harassing another person, whether through language, frequency, or size of messages.
      • Sending multiple unsolicited emails ("spam") to single or multiple users including advertising emails.
      • Forwarding or posting "chain letters" (multiple forwarding) of any type.
      • Adding or attempting to add addresses to any mailing list without the express consent of the relevant addressees (in breach of the Privacy Act 1993 or the Unsolicited Commercial Electronic Messages Act 2007).
      • Using a CRS Communications account or network connection to collect replies to messages sent from another provider which violate these rules or those of that provider.
      • Introducing anything harmful or destructive (such as viruses, worms, Trojan horses, time bombs or bots) to, or interfere in any way with, our or anyone else's computer system or communications services.
      • Forging email or USENET posting header information.
      • Creating or using a false identity for the purpose of misleading others as to the identity of the sender or origin of any message.
      • Posting inappropriate messages to USENET newsgroups, for example posting large numbers of unsolicited posts indiscriminately ("spamming"), or posting encoded binary files to USENET newsgroups not specifically named for that purpose.
      • Posting messages on our website that use inappropriate language or expressions of bigotry or hatred.
      • Attempting to cancel, supersede, or otherwise interfere with any email or USENET posts that is not your own.
      • Using an account with another provider to promote a CRS Communications website in an abusive manner.
      • Reselling CRS Communications services to third parties that do not abide by these guidelines.
    2. If we consider that you have engaged in system abuse, we may (at our discretion) take all or any the following actions:
      • warn you about your actions;
      • terminate, suspend or make changes to your service;
      • charge you for the costs we incur in relation to your system abuse;
      • pass on information concerning your activities to any relevant authorities.
      • If we terminate your services as a result of your system abuse, we will not be liable for any loss, damage or expenses that you suffer as a result.
  2. YOUR RESPONSIBILITIES

    1. You are responsible for all your activities while using our services, and for any content or material you post on our website.
    2. It is your responsibility to maintain the security of your personal information. We recommend you do not give out personal information such as credit card details on unsecured sites.
    3. You are responsible for what you view over the Internet, and for what your children view. Some content on the Internet is suitable only for adults and not for children.
  3. THIRD PARTY COMPLAINT PROCEDURE

    If any person wishes to notify us of a potential breach of this Acceptable Use Policy, that person should do so by sending an email to info@crsltd.co.nz. Any such email should include that person's name and address and full details of the potential breach. We will review the potential breach as soon as practicable and take any action that we deem is appropriate in the circumstances.

FAIR USE POLICY

  1. It is important to CRS Communications that all eligible CRS Communications customers are able to access our services, and get the best possible experience. For this reason, and to ensure the provision of a quality service, a Fair Use Policy applies to some of our services where your usage can affect that of other customers. We have developed this Fair Use Policy by reference to average member profiles and estimated member use of our services.
  2. We may issue a warning or suspend your services under this Fair Use Policy where in our reasonable opinion your use of our services is excessive and/or unreasonable by materially exceeding estimated usage patterns over any month. Where reasonable, CRS Communications will provide you with 14 days notice before suspension, restriction or termination.
  3. If, after we have requested that you stop or alter your use to come within our Fair Use Policy, your excessive or unreasonable use continues, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use; suspend, modify or restrict your use of our services or withdraw your access to the services. If we terminate your services and you have agreed to a fixed contract term, you may have to pay the applicable early termination fee.
  4. Bandwidth allocated to unlimited internet users is reviewed and increased as required, but at any time there is a fixed amount of bandwidth available. The aim of this clause of the Fair Use Policy is to ensure that the experience of the vast majority of unlimited internet users is not compromised by the extreme and unreasonable usage of a few. CRS Communications reserves the right to modify (through speed and other variables) the behaviour of individual users that frequently use significantly more data than the majority of the unlimited users and/or use their internet service in a way that negatively affects the experience of other users. If an unlimited internet customer is found to be in the top 1% to 5% of users and their usage is negatively impacting the network, CRS Communications may attempt to communicate with the user asking them to modify their usage, may suggest a more suitable solution for all parties involved, or may exercise its rights outlined in clause 3 above.