If you require any more information or have any questions about any of these terms, please feel free to contact us by calling (09) 940 7775 or using the “Contact Us” form on this website.

These terms are in effect as of 25 March 2015 for new customers, and as at 8 April 2015 for existing customers that already have services with us as at 24 March 2015.

Terms of Service

If you require any more information or have any questions about our Terms of Service, please feel free to contact us by calling (09) 940 7775 or using the “Contact Us” form on this website.

Introduction

These terms and conditions govern your use of this website and any services provided by Silverstream Networks Ltd (trading as Sirius Information Services, coloquially as “Sirius”, and hereafter referred to as “we”, “our”, and “us”) offered to or used by you; by using this website and/or any of our services, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website or any of our services.

License to use website

Unless otherwise stated, Silverstream Networks Ltd and/or its licensors own the intellectual property rights published on this website and materials used on www.sirius.co.nz. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

Unless you have obtained specific prior permission from us, you must not:

  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website or any of our services in any way that causes, or may cause, damage or impairment of the availability or accessibility of this website and/or any of our services or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website or any of our services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website or any of our services without our express written consent.
This includes:

  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’

You must not use this website or any of our services, or any parts thereof, to transmit or send unsolicited commercial communications.

You must not use this website or any of our services for any purposes related to marketing without our express written consent.

Restricted access

Access to certain areas of this website is restricted. We reserve the right to restrict access to certain areas of this website, or at our discretion, this entire website. We may change or modify this policy without notice.

If we provide you with a user ID and password to enable you to access restricted areas of this website and/or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.

You must notify us immediately and without delay if you believe or suspect any user ID, password and/or any other credentials that you use with us, may have become known to any third party or are being abused in any way.

We may disable your user ID and password at our sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to us, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to store, transmit, and create unlimited backup copies of any information you provide. We will not share your information with any third party except in these circumstances:

  • where we use third-parties to provide our services to you, in which case we will ensure that they agree not to re-use your data in any way other than as required to provide services to you, and/or for backup purposes;
  • where we store backups with a third party, in which case those backups will be encrypted and not readable by that third party in an unencrypted format;
  • You use the “share” feature in SiriusCloud to share specific information or files with anyone you send a link to such content to, in which case we will share that information with anyone who comes into possession of that link;
  • where we use information you provide to us to process payments for use of our services, in which case a third party payment processing company may store your personal and credit card information for the sole purpose of processing payments from you to us via that third party for provision of our services to you.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

You must not submit any user content to the website or to any of our services that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to, or stored on, or hosted or published upon this website or upon any of our services.

Where we share your information or data with any upstream provider in order to provide phone and broadband services to you, those third parties do not provide, grant or confer any benefit, right or privilege from them to you.

While these Terms of Use define our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website or on any of our services.

 

No warranties for website

This website is provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, we do not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Service use, availability and limitations

We will endeavour and make all reasonable efforts to make our services operational 24 hours a day, 7 days a week, with the following exceptions:

  • We may plan downtime from time to time for the purposes of service maintenance or upgrades. Wherever practical, we will undertake such maintenance after business hours and give notice to all customers that have subscribed to our service update notification service.
  • We may be affected by disruptions beyond our control to upstream services such as resold services or interruptions in electricity supply or data connections to our facilities. We will make a best effort to ensure service continuity or quick restoration where possible but do not guarantee uninterrupted services.
  • We may be unable to provide continuous service if affected by acts of God, acts of government, flood, fire, earthquakes, extreme weather events, civil unrest, acts of terror, strikes or other labour problems or upstream/downstream provider failures or delays.

If our services are interrupted, we will endeavour to restore services and customer data as soon as possible.

Sirius are not liable in any way whatsoever for how you choose to use our services. Further, you warrant to us that your use of our services complies with all applicable laws and regulations in connection with your use of our services.

You warrant to us that you are not relying on us to provide 111 or any other emergency services. We and our upstream providers will connect 111 emergency calls from our customers on a best-effort basis only and do not warrant that emergency calls will be successful. You must maintain a reliable backup means of contacting 111 emergency services, such as a copper landline with a provider that guarantees such emergency calls, and/or such as a charged cellular phone.

Limitations of liability

Neither us nor our upstream providers will be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or any of our services:

  • to the extent that the website or our services is/are provided free-of-charge, for any direct loss;
  • where services are provided in whole or in part by third parties, those third parties are not liable to you for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if we have been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Silverstream Networks Ltd in respect of any:

  • death or personal injury caused by the negligence of us or our agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of Sirius Information Services Ltd; or
  • matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website and/or any of our services, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website nor any of our services.

Other parties

You accept that, as a limited liability entity, Silverstream Networks Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or by using any of our services.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect our officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Silverstream Networks Ltd.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website and/or our services, prohibiting you from accessing the website and/orour services, blocking computers using your IP address from accessing the website or our services, contacting your internet service provider to request that they block your access to the website and our services, and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. We will provide 14 days notice to customers we have an ongoing financial arrangement with us (where we regularly invoice you and/or collect payments from you for use of our services). If you do not have an ongoing financial arrangement with us, please check this page regularly to ensure you are familiar with the current version.

Assignment

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our Privacy Policy constitute the entire agreement between you and us in relation to your use of this website and our services, and supersede all previous agreements in respect of your use of this website, unless you have a current written and signed contract with us with different terms and conditions.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of New Zealand, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New Zealand.

About these website Terms of Service

We created these website terms and conditions with the assistance of the TOS/T&C generator available from Privacy Policy Online.

Our details

The full name of Sirius is Sirius Information Services Ltd, coloquially referred to as “Sirius”.

Sirius Information Services Ltd is registered in New Zealand under company registration number 2166436.

Sirius Information Services Ltd’s registered address is

PO Box 331557
Takapuna
Auckland 0740
New Zealand

You can contact us by calling (09) 940 7775 or using the “Contact Us” form on this website.

Privacy Policy

At Sirius, we consider the privacy of our visitors to be extremely important. This privacy policy document describes in detail the types of personal information is collected and recorded by www.sirius.co.nz and how we use it.

Log Files and Google Analytics
Like many other Web sites, Silverstream Networks Ltd (trading as Sirius Information Services, coloquially as “Sirius”, and hereafter referred to as “we”, “our”, and “us”) makes use of log files and of Google Analytics services, which log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’s analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Google Analytics is a web analysis service provided by Google. Google utilizes the data collected to track and examine the use of our website, to prepare reports on its activities and share them with other Google services. Google may use the data collected to contextualize and personalize the ads of its own advertising network. Google collects Cookie and Usage Data, and processes it in the United States of America. Find Google’s privacy policy here.

We only use Google Analytics for our public websites at www.sirius.co.nz and www.silverstream.net.nz. We do not use Google Analytics for our hosted and cloud services, nor for any other services we provide, unless you as a customer explicitly request us to do so.

Cookies and Web Beacons
Our site and some of our services use cookies to store information about visitors’ preferences to record user-specific information on which pages the site visitor accesses or visits, and to personalize or customize our web page content based upon visitors’ browser type or other information that the visitor sends via their browser.

Login session details may also be stored using cookies.

Advertising
We do not serve advertising on this site.

SiriusCloud storage services
SiriusCloud is a paid service we provide for you to upload, store and share user data (subject to our terms of service) as well as access that data from and synchronise that data to multiple devices. We will store and keep backup copies of any data you store on SiriusCloud. We will not share this data with any third party except in the following circumstances:

  • where you have used SiriusCloud’s “Share” feature to share data with outside parties, in which case we will grant anyone with that link (and within our geo-restricted service coverage areas – see our terms of service) access unless and until the share is subsequently disabled by you or if your account is closed;
  • where we store encrypted backups of your data with third parties, in which case we will take all reasonable steps to disallow that third party access by storing any decryption keys elsewhere;
  • where we store physical backups on removable media with highly trusted third parties, in which case we will take all reasonable steps to ensure those third parties secure and do not connect that removable media to any device outside of a disaster-recovery situation;
  • where we are legally required to disclose your personal details or stored data to a law enforcement agency.

We may indefinitely keep backup copies of any data you provide even after you have deleted it or have terminated use of the SiriusCloud service.

Children’s Information
We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to observe, participate in and/or monitor and guide their online activity. We do not knowingly collect any personally identifiable information from children under the age of 13 in relation to this website. If a parent or guardian believes that we have in its database the personally-identifiable information of a child under the age of 13, please contact us immediately (using the contact in the first paragraph) and we will use our best efforts to promptly remove such information from our records.

Where we provide ICT support and storage services to New Zealand schools, personally identifying information on children under the age of 13 may be stored or handled by us. We will undertake all reasonable steps to ensure that this information never becomes visible on any public-facing website.

Online Privacy Policy Only
This privacy policy applies only to our online activities and is valid for visitors to our website and regarding information shared and/or collected there. This policy does not apply to any information collected offline or via channels other than this website.

Consent
By using our website, you hereby consent to our privacy policy and agree to its terms.

 

Update
This Privacy Policy was last updated on: Wednesday, July 30th, 2014.
Should we update, amend or make any changes to our privacy policy, those changes will be posted here and we will provide 14 days notice to all customers who we have an ongoing financial arrangement with.

Payment and Refund Policy

Payment policy

Invoices will be issued to customers monthly or annually depending on the chosen payment frequency and are payable within 21 days. Where the customer has elected to save their credit card details with our payment provider, this will be debited within 7 days. For on-site or telephone assistance for customers who do not have a service or support plan with us, we may require immediate payment for services.

You must pay all charges set out in each invoice we send you by the due date shown on that invoice, or contact us immediately if you are or may be unable to do so. We will endeavour to be fair and understanding in working with you to settle any overdue debts, however if invoices are not paid in full by the due date and you have not contacted us to make alternative arrangements, or if any alternative arrangements are either not agreed to or are not honoured, we reserve the right to take any action necessary to recover payment, including but not limited to:

  • freezing of any change requests to services;
  • toll-barring;
  • partial or complete suspension of services;
  • termination of services; and/or
  • referral to a debt collection agency.

None of the above actions will prejudice any rights we have to recover debts owed by you to us and we are not responsible for any loss of business or costs incurred by you where we have taken any action in relation to a late or dishonoured payment.

We also reserve the right to charge an administration fee for any late or dishonoured payments.

Refunds for online subscriptions (SiriusCloud storage service)

You have 30 days from the date you have signed up for SiriusCloud to cancel all services and request a full refund. Please call us on (09) 940 7775 to do so. After 30 days, we are happy to refund your latest month or part-month subscription if you feel we have failed to provide a satisfactory level of service to you and are not happy with steps we take to rectify any issues you raise with us. Refunds will be paid to you by the same means that you used to pay for the SiriusCloud service and will be processed within 14 days of acceptance. If you have paid by internet banking, we may require bank account details in order to process your refund. If you have paid by cheque, and would prefer a cheque instead of internet banking for the refund, we will require a postal address to mail the cheque to, and may deduct cheque, postage, and manual handling fees.
Please note that we will have absolutely no liabilities to you for loss of data of any kind if you cancel your SiriusCloud subscription. It is your responsibility to safeguard your data.

 

Refunds for all other services

If you feel you have not received satisfactory service for ICT services you have received and paid for, and remain dissatisfied with any remedial action we take, you may contact us to request a refund. We will issue refunds by direct credit (internet banking) and will require bank account details from you to process your refund.