http://www.wikarekare.org/

WiKarekare Internet Service

Terms and Conditions

 

The WiKarekare Internet Service is provided by the WiKarekare Trust (WiKarekare) in cooperation with the Subscribers to the service.  WiKarekare's aim is to provide a reliable high speed Internet access to WiKarekare's subscribers within WiKarekare's budgetary and technical constraints. It is important to note and to thank those Subscribers who have agreed to act as relay points for other Subscribers and to host equipment necessary for WiKarekare to provide this service.

 

WiKarekare Responsibilities

WiKarekare agrees to:

*   Provide the Services with reasonable care and effort, although WiKarekare does not guarantee they will be fault free.

WiKarekare can not guarantee that the Services will be available everywhere or that coverage and speeds will not vary from time to time. WiKarekare may suspend the Services where WiKarekare thinks it is necessary e.g. to do repairs to the network. WiKarekare will endeavour to do so at times convenient to the users of WiKarekare's services;

*     Ensure the Services do everything WiKarekare says they will do;

*     Canvas the Community with a view to optimising WiKarekare services and their delivery;

*     Restore any Services that are disrupted as soon as reasonably possible. The boundary point of the WiKarekare's responsibility, will be the Ethernet port of the WiKarekare router installed at the Subscribers premises to provide connectivity to the WiKarekare Internet Service;

*     Accept that in the event of the WiKarekare Service not being available for a continuous period greater than 24 hours, upon request by the Subscriber, to credit the Subscriber with that portion of the monthly Selected Service fee or the relevant part thereof covering the period during which the Selected Service was unavailable, provided that the fault did not lie with the Subscriber or that the service was unavailable due to any breach, by the Subscriber or users of the Subscriber connection, of these Terms and Conditions;

*     Arrange for WiKarekare or a servant or contractor of WiKarekare to supply, deliver and install the WiKarekare Equipment at the Subscribers Premises. The Subscriber shall pay a joining/installation fee to the WiKarekare as determined by the WiKarekare;

*     Maintain the equipment owned and provided by WiKarekare in good working order and condition. The Subscriber must advise WiKarekare as soon as any WiKarekare equipment is damaged or is no longer in full working order. WiKarekare will respond to such advice as soon as reasonably practicable;

*    Provide 1 month's written notice of WiKarekare's wish to terminate normally this agreement. WiKarekare will notify you of any alternate service that may be replacing your current service.

 

If WiKarekare is prevented from carrying out any obligation imposed upon it in terms of this agreement by reason of any act of God, inclement weather, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo, unexpected failure of equipment, systems or facilities, or any other circumstance beyond WiKarekare's reasonable control, WiKarekare must endeavour to advise the Subscriber of the existence of the circumstances and the expected duration thereof. The performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to prevail.

 

In all circumstances the Trustees, or the agents, employees or assigns of WiKarekare Trust, shall not be liable for and shall be indemnified out of the Trust fund for any loss or liability which they may incur in the performance by the WiKarekare Trust of its objects. Any such liability shall be limited to the extent of (where not further limited by these Terms and Conditions or notified changes to these Terms and Conditions), the WiKarekare Trust Fund.

 

Subscriber Responsibilities

 

Account Maintenance

 

The Subscriber agrees to:

*       Ensure that all information you give WiKarekare about yourself is correct. You agree to notify WiKarekare immediately of any change of your address, phone number or preferred contact email address;

*       Authorise WiKarekare to collect information about the Subscriber and/or the Subscriber's household from time to time from the Subscriber and from other sources and by other means. The Subscriber authorises WiKarekare to:

a.     Use and/or disclose to third parties such information for the purposes of communicating with the Subscriber and the Subscriber's household in relation to this agreement:

b.     Generating and providing statistical analysis;

c.      For security;

d.      For maintenance;

e.     For improvement of any and all services provided by WiKarekare or through the WiKarekare's network; and

f.      For credit control and debt collection (which includes logging overdue debts and/or liquidated damages owed to WiKarekare with credit reference agencies).

The Subscriber acknowledges and agrees that such information may be held by WiKarekare, both before and after termination or cancellation of this agreement but only for so long as WiKarekare is legally entitled to use the information for the above purposes;

*     Ensure that any password required to access or enable a WiKarekare Service is kept secure. It is one of your protections against unauthorized use of your account;

*       Pay all amounts owing, including any collection fees, taxes or penalties incurred by WiKarekare in relation to moneys owed by you, to WiKarekare by the due date and by direct debit to WiKarekare's bank account. Failure to do so may result, without notice, in the disconnection of any or all services and reconnection may incur a fee;

*       Accepts that in the event of the WiKarekare Service not being available for a continuous period greater than 24 hours, WiKarekare's liability shall be limited to crediting the Subscribers account with that portion of the monthly Selected Service fee or the relevant part thereof covering the period during which the Selected Service was unavailable;

*       Provide 1 month's written notice of their wish to terminate this agreement, provided however, that in no event will such notice take effect prior to the expiration of any minimum agreed connection term. Such minimum term will run from the date that the Selected Service can first be received by the Subscriber.

 

Equipment

 

The Subscriber agrees to:

*     Accept that ownership of the WiKarekare Equipment will at all times remain with WiKarekare and the Subscriber must not:

a.      Remove the WiKarekare Equipment from the place of installation without the prior written consent of WiKarekare;

b.      Sell, lease, dispose of, lend or otherwise part with possession of, or modify in any way, the WiKarekare Equipment; 

d.      Deface, obliterate or remove any label or mark which identifies the ownership of the WiKarekare Equipment; or

e.          Do any other act, which may adversely affect or prejudice the ownership of the WiKarekare Equipment by WiKarekare. ;

*     Secure and maintain, at their own expense, all necessary approvals and consents including any landlord, property owner or body corporate consents/approvals  for the installation of the WiKarekare Equipment at or on the Subscribers Premises, for any alterations to the Subscribers Premises needed to install such equipment and for WiKarekare's right of access. WiKarekare shall have no responsibility whatsoever in relation to any such approval or consent;

*       Accept that they are liable for any loss (including by fire) or theft of, or damage however caused to, the WiKarekare Equipment during the currency of this agreement. It is the Subscriber's responsibility to effect insurance cover and to install and maintain electrical protection devices, if the Subscriber elects to do so, against potential liability under this clause;

*       Provide access to maintain, replace or recover WiKarekare equipment installed at the Subscribers premises;

*       Return, upon termination of your Subscription, or provide WiKarekare or their agent, access to recover, all WiKarekare equipment installed to provide connectivity to WiKarekare services. Alternately, the subscriber may purchase the equipment from WiKarekare at a price set by the WiKarekare.

 

 

Services

 

The Subscriber agrees to:

*       Accept that some of the services provided by the WiKarekare may have a limited capacity or other restrictions on their use and recognises that the WiKarekare Trust is a non-profit organization with a limited capacity to provide services. Subscribers agree to abide by any usage guidelines notified on the WiKarekare web site and only use services in a fair and reasonable way. WiKarekare may need to impose restrictions on Subscribers abusing these guidelines, with no liability to WiKarekare, so as to maintain the quality of service for others;

*       Ensure that anyone using their connection to the WiKarekare Internet Services will abide by all terms and conditions and the acceptable use policy, listed here or notified via the WiKarekare web site;

*       Accept responsibility for any breach of law or litigation resulting from the use of your connection to the WiKarekare Internet Service or of any other service provided through or by the WiKarekare Internet Service, regardless of who is actually using the your connection or the services provided for your use;

*       Accept that WiKarekare is entitled to disable or to restrict the use of any service without notice to the Subscriber, and with no liability to WiKarekare, in the event of any abuse or illegal use of a service utilising the Subscribers connection to the WiKarekare Internet Service or of any other service provided through the WiKarekare Internet Service;

*       Ensure that computer systems connected to the WiKarekare Network, through the Subscribers connection to the WiKarekare Internet Service, are free from viruses and accepts that WiKarekare may disconnect the Subscriber service, without liability to WiKarekare, while their connection is deemed to be the source of virus attacks on other systems on the WiKarekare network or the Internet at large;

*       Accept any and all terms and conditions that have been accepted by the WiKarekare Trust for services provided to the Trust in order that it may provide or facilitate the provision of the WiKarekare TrustÕs own services to the Subscriber. These will be notified on the WiKarekare Web site and may be altered without notice, if and when they are altered by WiKarekareÕs service providers.

 

Relay sites

 

The Subscriber agrees to:

*       Leave the WiKarekare equipment permanently powered;

*       Have installed any additional equipment needed, above that, which would have been required for the Subscriber to obtain the service.

 

WiKarekare shall have the right to alter this agreement at any time by notice to the Subscriber or by putting a notice on WiKarekare's website.