Specific Terms & Conditions
These Specific Terms and Conditions apply only to MyRepublic’s Business Pro & Plus Fibre Broadband Services (collectively the “Service”), and to no other service provided by MyRepublic to businesses or residential users. In addition to these Specific Terms and Conditions, the provisions of the Service Specific Terms and Conditions, and General Terms and Conditions, also apply. Taken together, these Terms and Conditions may be amended by us from time to time. It is your responsibility to be aware of such changes, which will take effect when posted on our Website. All references to “we”, “us” and “our”, are to MyRepublic.
Service Level Guarantee (“SLG”)
Terms of SLG. MyRepublic shall provide a SLG for the Service in accordance with these terms and conditions.
No Other Relief for SLG Failure Other than Credit. The credit available to you under this SLG is the your sole and exclusive remedy for a failure to meet any SLG.
You Must be in Conformance with Obligations to Benefit from SLG. You must otherwise comply in full with your obligations under the MyRepublic terms and conditions for your Service, in order to be entitled to claim a rebate under this SLG.
Subject to the terms and conditions of this SLG, we shall provide a credit to you for an amount to be calculated as follows: if Service Unavailability continues uninterrupted for 1 hour or more, in each of 4 days or more in any calendar month, then 50% of the MyRepublic charge for the interrupted Service payable for the calendar month will be paid as a rebate. “Service Unavailability” means the unplanned period of time (in minutes) that the Service is not available to you within the network wholly owned and operated by MyRepublic in New Zealand, and is deemed to commence from the earlier of: the time when an outage is reported by you via telephone or email to MyRepublic Business Helpdesk and acknowledged as an outage by the MyRepublic Engineering Team; or the time when the MyRepublic Engineering Team determines that an outage has occurred.
SLG Applies to Service Only. Your claim under this SLG shall be limited to the failure of the Service only. You shall not be entitled to make any claim:
- for any other services which may be or are directly or indirectly affected by the failure of Service (for example, any other circuits or value added services linked to the Service does not qualify for such claim); or
- for Service Unavailability for any time that the Service is made available by MyRepublic to you, whether by means of any back up of the Service or otherwise.
SLG May Evolve. This SLG may be withdrawn or amended by MyRepublic at any time without assigning any reasons therefore and without being liable to you in damages or otherwise, except that any rebates accrued and due to you under this SLG as at the date of such amendment or withdrawal will be paid by MyRepublic to you.
Claims Process. If you believe that the SLG has not been met, then you may make a claim for a rebate in accordance with this section. All claims must state clearly the reason for the claim.
Investigation. MyRepublic will investigate any claim filed by you under this SLG, and may require your full co-operation in conducting a joint investigation to ascertain whether the SLG has been met and, if not, the cause of the failure.
Credit Under SLG. The rebate will, if due, only be credited into your account after the rebate claim has been processed by MyRepublic and reflected in your bill no later than two (2) months following the month in which the event giving rise to the rebate occurred.
Number of Claims. You may make more than one claim per calendar month for rebates, but you will only be eligible to claim rebates in any calendar month for a total amount not exceeding 50% of the amount charged for the interrupted Service for that calendar month.
Unsuccessful Claims. If you make three (3) or more claims per year that do not qualify for rebates under this SLG, then we may charge you a fee for any further claims for rebates made by you in that year, whether or not those claims result in any rebate(s) being paid.
Parties will Work to Resolve any Dispute. If you dispute the MyRepublic finding on the amount of rebate(s), if any, due to you, then you agree that you will not be entitled to the rebate, until and unless the dispute has been resolved.
MyRepublic Decision is Final. In the event of a dispute as to whether you qualify to make a claim or as to the quantum of the claim payable to you, MyRepublic’s decision on the matter or issues will prevail and be final.
No SLG Claims in Certain Circumstances. Despite any other clause of this SLG, you will not be entitled to make any claim under this SLG in the following circumstances:
- Disconnection and/or reconnection of the Service due to non-payment of any charges payable to MyRepublic or where the Service is disconnected by reason of it being used for any illegal or unlawful purpose, or otherwise in breach of the terms and conditions of Service.
- Any fault due to the customer-owned-and-maintained equipment, applications, network and / or cabling network.
- Planned outage for which reasonable notice is given to you.
- Faults reported by you but for which no fault is found or confirmed by MyRepublic.
- Periods taken by you to confirm the working condition of the Service after fault clearance by MyRepublic.
- Causes beyond MyRepublic’ control including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts of omission of any person for whom MyRepublic is not responsible or any causes whether similar or otherwise outside MyRepublic’s control.
Except for the rebate as provided in this SLG, MyRepublic shall not be liable to you or to any person claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence), or otherwise.