Terms & Conditions

D-Fi Limited Terms and Conditions – Casual Subscribers

Introduction
This document outlines the terms and conditions governing access to the D-Fi wireless network provided by D-Fi Limited ("D-Fi", "we", "our", or "us"), including Internet and email services. These terms define the responsibilities and obligations of users and aim to promote responsible, lawful, and fair use. Use of our services constitutes acceptance of these terms. Breaches may result in penalties including service termination, fines, and/or legal action.

1. Definitions

"D-Fi Network" or "Service" means all wireless and Internet services provided by D-Fi Limited.
"You", "your", "Customer" or "Subscriber" refers to any person or entity using D-Fi’s services.
"Equipment" refers to any hardware installed or provided by D-Fi.

2. General Use and Conduct

Services must only be used for legal, personal, or business purposes.
Users must comply with all New Zealand laws and D-Fi’s policies.
Users must not engage in any conduct that may disrupt or damage the network.
The network must not be used for any unlawful activity, including harassment or accessing illegal content.
Users are responsible for securing their devices and accounts.

3. Changes to Terms

Terms may be updated at any time by D-Fi and will be posted online. Continued use of the Service signifies your acceptance of any updated terms.

4. Charges, Invoicing, and Refunds

All services must be prepaid. You are responsible for ensuring timely payment.
Invoices are sent via email. Accepted payment methods are listed online or on your invoice.
Overdue payments may lead to service restriction or suspension. Recovery costs may be charged.
Disputes must be raised before the invoice due date.
Refunds are only issued as required by the Consumer Guarantees Act 1993. Any refund is subject to a minimum NZD $20.00 administration fee.
No refunds are provided for unused data, change of provider, or voluntary discontinuation of service.
D-Fi shall not be liable to refund any prepaid data or service fees if the business is closed or services are terminated.

5. Service Provision

D-Fi aims to provide reliable 24/7 service but does not guarantee uninterrupted or fault-free performance.
We are not responsible for faults related to:
- Customer devices or software
- Networks of other ISPs
- External environmental conditions
- Incorrect usage of the service
Speeds may vary due to network load, configuration, or weather.

6. PrePay Data

Data must be prepaid and is non-refundable.
Data remains available as long as you maintain access to your account.
Payment is required before data is applied to your account.

7. Monthly Plans

Monthly plans are prepaid and renew on the 1st of each month.
Unused data expires at month-end.
Plan changes take effect from the next billing cycle.
Overdue payments may result in service restriction or suspension.

8. ADSL/VDSL/Fibre Services

No long-term contracts, but 30 days’ notice is required to cancel.
Services are onsold from upstream providers; D-Fi is not responsible for faults or service quality.
Installation fee of $195 includes a D-Fi-owned router.
Additional charges from Chorus or third parties may be passed on.
Equipment must be returned upon cancellation. We do not restore any building alterations (e.g. holes drilled during installation).

9. Equipment and Installation

All equipment remains the property of D-Fi unless agreed otherwise in writing.
Installation fee varies based on expected usage.
- $195 for average usage over 20 GB/month
- $300 for usage below 20 GB/month (e.g. holiday homes)
Equipment is configured for D-Fi services only.
You agree to provide access for maintenance or removal.
You are liable for lost, damaged, stolen, or unreturned equipment.
If D-Fi gear is unused for over 12 months, we may request its return.
You must ensure your electrical installation meets NZ standards (including surge protection).

10. Wireless Hotspot Usage

Use is at your own risk. D-Fi is not liable for data loss, compatibility, or connection issues.
Availability and speed are not guaranteed.
Legal action will be taken for any hacking or unauthorised access attempts.
D-Fi does not store card details. All card transactions are encrypted.

11. Cancellation of Service

You must provide 30 days’ notice for service cancellation.
Failure to provide notice may result in charges for the following month.
D-Fi will not cover costs associated with removing or restoring equipment, including property alterations.

12. Indemnity
You agree to indemnify D-Fi and its agents from any claims, damages, losses, and expenses resulting from your use or misuse of the service.

13. Limitation of Liability

Services are provided "as is" without warranties.
D-Fi is not liable for economic, indirect, or consequential losses.
We are not liable for data loss or service interruptions beyond our control.

14. Account Security

You are responsible for protecting your account login and passwords.

15. Integrity of Information

Users must not tamper with or misuse data or systems.
Unlawful use under the Crimes Act 1961 is prohibited.

16. Permissible Use & Copyright

Do not share or copy copyrighted material without permission.

17. Record Retention

Users must retain communications and data in accordance with legal requirements (e.g., Consumer Guarantees Act, Information Act).

18. Breach Reporting

Suspected policy violations must be reported to the System Administrator. Reports are handled confidentially.

19. Monitoring

D-Fi monitors network traffic and may investigate misuse.
By using the service, you consent to traffic logging for compliance and network protection.

20. Force Majeure
D-Fi is not liable for service interruptions due to events outside our control, including but not limited to natural disasters, war, terrorism, or regulatory actions.

21. Governing Law
These terms are governed by New Zealand law, and users agree to submit to the jurisdiction of New Zealand courts.

References

Crimes Act 1961
Telecommunications Act 2001
Privacy Act 1993
Consumer Guarantees Act 1993
Information Act 1982