VodaSAT Satellite Broadband Terms
In this Agreement, unless the context requires otherwise:
“Agreement” means these VodaSAT Terms and Conditions, together with any applicable Satellite Broadband Plan, Special terms, Instructions and our Customer Agreement Form signed by you;
“VodaSAT” means satellite broadband connection;
“Satellite Broadband Plan” means any one of our VodaSAT Broadband plans comprising of upload and download speed or other benefits included as part of the Services;
“VodaSAT Terms” means these standard terms and conditions as amended from time to time;
“Business day” means any day other than a Saturday, Sunday or public holiday in Rarotonga;
The charges for the Services, including charges as set out or referred to in the applicable VodaSAT Broadband Plan or Special terms, and charges calculated for Excess usage;
The charges for the Equipment (if applicable), plus any installation, freight and delivery costs not included in the listed price, as set out or referred to in the applicable Broadband Plan or otherwise advised to you;
The charges for additional services such as technical or administration support or remedial services;
Any taxes, levies, fees or other governmental charges relating to our Services; and
Any additional charges or fees payable by you under the Agreement,
In each case as amended in accordance with the Agreement from time to time;
“Credit Policy” refers to our credit policy for checking the creditworthiness of our customers;
“Customer Agreement Form” means our sign-up form for the Services;
“Customer Services” refers to our customer services centre at Parekura, Rarotonga or on 123;
“Data” means internet data;
“Equipment” means devices, hardware and/or accessories approved and stocked by us unless we expressly say otherwise and includes a modem;
“Instruction” means an instruction to us to change any Service, which instruction is delivered by email from the email address provide by you in the Customer Agreement Form or updated by you by notice to us from time to time, or instruction delivered over the phone when you call Customer Services, or delivered in person when you visit any one of our outlets;
“Payment Date” means the day of the month appearing on each Vodafone invoice as the payment date;
“Services” means the VodaSAT Satellite Broadband services and/or Equipment which we provide to you from time to time in conjunction with the services.
“User” means an individual end user of the Services;
“VAT” means value-added tax levied under the Value Added Tax Act 1997;
“We” or “us” or “our” or “Vodafone”, means Telecom Cook Island Limited t/a Vodafone; and
“You” or “Customer” means the Vodafone customer responsible for paying the Charges for the Services, as set out in the Customer Agreement Form, and “your” has a corresponding meaning.
In interpreting this Agreement, the following applies, unless the context otherwise requires:
Headings to clauses are for reference only and are not an aid to interpretation;
References to a party include that party’s successors in title and permitted assigns;
Words importing the plural include the singular and vice versa;
Words importing gender import all genders;
Any obligation not to do something will be deemed to include an obligation not to suffer, permit or case that thing to be done;
References to currency or $ are to New Zealand dollars.
VodaSAT is Vodafone Cook Islands Satellite Broadband Service using Kacific Satellite. As an authorised reseller in the Cook Islands, Vodafone applies Kacific Satellite policies to the VodaSAT service.
By subscribing to VodaSAT, the customer acknowledges that Vodafone Cook Islands is a retailer of Kacific and as such is not liable for technical, financial nor support issues relating to the satellite provider. Antenna and related hardware is being rented to the customer and remains the property of Vodafone Cook Islands throughout the term of the agreement unless purchased outright.
Vodafone Cook Islands reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on our website immediately.
Customers must note that VodaSAT may not be suitable for some LIVE gaming applications, some forms of VPN and have an average latency of 550 - 700ms between the user terminal and the remote gateway.
3. Fair Use Policy
Kacific’s Fair Usage Policy applies and the customer acknowledges and agrees to all terms and conditions. (https://kacific.com/wp-content/uploads/2021/06/Kacific-Acceptable-Use-Policy-V.-12.pdf)
As a general guide, each plan has a maximum download and upload speed. Kacific does not throttle these maximum possible speeds but provide three tiers of access priority to bandwidth resources. The plan provides first priority upload data at all times, subject to this Fair Use Policy.
Tier A - 100% of contracted speed
Tier B - 50% of contracted speed
Tier c - 25% of contracted speed
Maximum Download Speed - 3Mbps
Maximum Upload Speed - 3Mbps
Tier A - 100% of contracted speed up to 30GB
Tier B - 50% of contracted speed from 30GB up to 60GB
Tier c - 25% of contracted speed from 60GB to 133GB
Maximum Download Speed - 15Mbps
Maximum Upload Speed - 10Mbps
Tier A - 100% of contracted speed up to 35GB
Tier B - 50% of contracted speed from 35GB up to 80GB
Tier c - 25% of contracted speed from 80GB to 180GB
Maximum Download Speed - 30Mbps
Maximum Upload Speed - 10Mbps
Tier A - 100% of contracted speed up to 50GB
Tier B - 50% of contracted speed from 50GB up to 110GB
Tier c - 25% of contracted speed from 110GB to 255GB
Maximum Download Speed - 50Mbps
Maximum Upload Speed - 15Mbps
Tier A - 100% of contracted speed up to 185GB
Tier B - 50% of contracted speed from 185GB up to 407GB
Tier c - 25% of contracted speed from 407GB to 925GB
Maximum Download Speed - 60Mbps
Maximum Upload Speed - 20Mbps
Tier A - 100% of contracted speed up to 295GB
Tier B - 50% of contracted speed from 295GB up to 649GB
Tier c - 25% of contracted speed from 649GB to 1475GB
Maximum Download Speed - 70Mbps
Maximum Upload Speed - 20Mbps
Tier A - 100% of contracted speed up to 735GB
Tier B - 50% of contracted speed from 735GB up to 1617GB
Tier c - 25% of contracted speed from 1617GB to 3675GB
Maximum Download Speed - 100Mbps
Maximum Upload Speed - 20Mbps
Tier A - 100% of contracted speed up to 1425GB
Tier B - 50% of contracted speed from 1425GB up to 3135GB
Tier c - 25% of contracted speed from 3135GB to 7125GB
4. Termination of service and refund policy
The Satellite Broadband Application and Agreement Form is a legally binding Agreement. The minimum contract term is 1 month if the customer purchases the hardware outright or 12 months if the customer chooses to rent the hardware. In the event of termination before the contract period ends, due to reasons other than technical non-compliance by the service provider, the customer will be liable to pay a Termination fee of $500 with 30 days notice. This fee is applied to the cost of an installer to derig the hardware and return it to Vodafone Cook Islands along with disconnection penalties applied to Vodafone Cook Islands by Kacific. There will be no refunds.
5. Changing your service
You can upgrade or downgrade your service by giving us 7 days notice prior to a new month. There is no cost to upgrade or downgrade, just the new plan cost. Your service will be activated on the 1st of the new month.
6. Ownership of hardware
The VodaSAT hardware or total kit includes:
2 meter mounting pole
1.2 meter antenna
30M coaxial cable
The customer has the option to purchase and own the hardware outright or rent the hardware for the duration of the term of the agreement. However, customers who resell VodaSAT to other customers must purchase the equipment outright.
Warranty applies to the satellite modem and transceiver only and is valid for 12 months from the date of installation.
7. Reselling VodaSAT Services
Reselling of the VodaSAT service is prohibited unless authorised by Vodafone Cook Islands. Customers who resell must purchase the equipment outright.
8. Weather related outages
The customer acknowledges that Vodafone provides contended internet and extreme weather conditions may disrupt coverage.
9. Deliveries and installation
Vodafone will deliver the hardware to you within 15 working days of signing up to the VodaSAT service. This can either mean delivery direct to you or via our installer on the day of installation.
You will pay, and are responsible for, the Charges, the Services and/or Equipment that we provide you in accordance with this Agreement, irrespective of who ultimately uses them.
All Charges are subject to VAT.
We will send you a monthly invoice for the Services by email. We will not provide a paper invoice unless you specifically request one, and this may incur a printing Charge.
Every invoice is payable by the Payment Date. Non-receipt of an invoice is no excuse for non-payment of our Charges.
You will pay each invoice without set off, counterclaim or deduction. Invoices that remain unpaid after the Payment Date may be charged a late payment fee.
Our Charges can be found on our website here: http://www.vodafone.co.ck/vodasat
You will reimburse us for any costs we incur, including legal fees, to recover money you owe us under this Agreement.
11. Service Acceptance
The Customer accepts the Satellite Broadband Application and Agreement by signing electronically or manually. Further, the Customer also demonstrates express and/or implied acceptance of this contract by way of, but not limited to:
E-mail, website and any other electronic means of confirmation.
Payment of upfront costs and sending financial details for direct debit/autocharge.
Receipt/Acceptance/Installation of rental hardware and services.
Verbal acceptance, gesture and any other acts indicating the Customer's assent to the proposed bargain.