| Agreement | means your agreement with us as described in clause 2.1 (Your Agreement) of the : |
| Business Day | means any day of the week other than Saturday, Sunday and regional and national public holidays in New Zealand. |
| CDN | means Content Delivery Network |
| Charges | means at any specific time all charges applicable to a Service that we have notified to you in writing, including the charges (if any):- set out in your Order Form;
- set out in the applicable Managed Network Terms (e.g. charges relating to moves, adds and changes); or
- otherwise agreed in writing by you and N4L.
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| Confidential Information | has the meaning given to that term in clause 6.3 of the School General Terms. |
| Claim | means any claim, demand, legal proceedings or cause of action whatsoever against N4L or N4L’s Personnel. |
| Customer | means any user of our Services, e.g. a School or an End User |
| Disabling Code | means any virus, Trojan horse, spyware, back door, time bomb, drop dead device, or other malware, ransomware or computer programming code, including source and object code, which has been maliciously used for the purposes of disrupting, impairing, disabling or otherwise adversely affecting, shutting down or gaining access to any software or systems (including any Confidential Information or commercially sensitive information on those systems). |
| Delegated Authority | means an individual or individuals in a School who have the approval of the Principal to make decisions on behalf of the School |
| eDMR | means Ethernet over Digital Microwave |
| Educational Organisation | refer to School below |
| Equipment | means any hardware and / or software that we provide, or have agreed to provide to you, as part of the Managed Network, including any such network routers, telephone handsets and hardware and software owned by our suppliers or licensors. |
| Excusable Event | has the meaning given to that term in clause 7.7 of the School General Terms. |
| Filtering Portal | means the filtering portal product described in clause 3 of the Managed Network Terms. |
| Incident | means:- any unplanned interruption to any of our Services; or
- any reduction in the quality of any of our Services.
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| Intellectual Property | means copyright, all rights in relation to inventions (including patents), registered and unregistered trademarks, registered and unregistered designs and any other rights in intellectual property which are recognised or protected under law, anywhere in the world, whether or not registered or capable of registration. |
| IP | means Internet Protocol. |
| IT Provider | An individual or organisation that provides technology services and support to your School. |
| LAN | means Local Area Network. |
| LFC | means Local Fibre Company. |
| Loss | means all losses, liabilities, damages, compensation, costs, interest, fees, penalties, fines, and expenses |
| MAC |
means Moves, Adds and Changes.| MAC Type | Description | | Onsite MAC | Case by Case basis Complex MAC requests normally require detailed investigation or design work to implement | | Simple MAC | Simple change that can be completed in less than 30 minutes 8:00am - 5.00pm local business days | | Complex Remote MAC | Simple change that can be completed in less than 60 minutes 8:00am - 5.00pm local business days |
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| Managed Network | an umbrella term to describe all of the Services N4L offers |
| Managed Network Terms | means the terms and conditions applicable to each Service, available here. |
| Managed Network to the Classroom | means the Services described in clause 4 of the Managed Network Terms. |
| Managed Network to the School | means the Services described in clause 1 of the Managed Network Terms. |
| Managed Router | means the router located on the edge of the Managed Network to the School service. |
| Mbps | means Megabits per second. |
| Metro | means any location within 30 kilometres of the Centres of:- Auckland’s commercial centres in Auckland central, Takapuna, Manukau and Waitakere
- Christchurch
- Dunedin
- Gisborne
- Greymouth
- Hamilton
- Hastings
- Invercargill
- Nelson
- New Plymouth
- Palmerston North
- Rotorua
- Tauranga
- Wellington
- Whanganui
- Whangarei
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| MOU | means Memorandum of Understanding |
| MPLS | means Multiprotocol Label Switching. |
| N4L’s Personnel | means N4L’s officers, employees and contract staff |
| Network Boundary | means the point where traffic exits our Managed Network. |
| Network Support Extension | means the Network Support Extension service described in clause 4 of the Managed Network Terms. |
| Non-Metro | means any location that is not Metro. |
| Order Form | means a document that has been signed and submitted to us on your behalf, recording your order for a particular Service. |
| Policies | at any specific time, means any policies, rules and requirements that are posted in the “Terms” section of our Website at that time. |
| Priority Level |
for any Incident means the highest priority level (from “P1” being highest to “P4” being lowest) that is applicable to the Incident, determined by reference to the following table:| Priority Level | Impact | Examples of Incidents | | P1 | All Users at multiple sites | - Major Internet Connection Outage.
- Outage of N4L WAN connectivity at multiple sites.
- Outage of School WAN connectivity affecting all users at multiple sites.
| | P2 | All Users at a single site | - Outage of N4L WAN connectivity at a single site.
- Failure of a Managed Router at a single site.
- Failure of network access to a School for a single site.
| | P3 | Multiple Users at several sites | - Degraded service for multiple Users at several sites.
- Users experiencing slow speed to School resources.
| | P4 | One or more Users at one site | - Degraded service for one or more Users at one site.
- Single user experiencing slow speed to School resources.
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| QoS | means Quality of Service. |
| RBI | means the Government’s “Rural Broadband Initiative” covering most of the 25% of New Zealanders that live outside of the UFB candidate areas. |
| Recommended Settings (for Safe and Secure Internet) | These settings relate to our Safe and Secure Internet feature Default Blocked Categories These are categories of websites that we believe could be harmful to Your Users or their devices. Default Blocked Firewall Rules These are rules that allow inbound connections to high risk ports that are open to the internet, where no source IP address filter is in place. DNS Threat Protection Making use of N4L’s secure DNS servers for domain name resolution See our webpage Safe and Secure Recommended Settings for full details. |
| Reporting App | means the N4L’s Reporting App as described in clause 2 of the Managed Network Terms. |
| Reporting Services | means any N4L-provided reporting to your school, including but not limited to the Reporting App |
| Safe and Secure Internet | means the Safe and Secure component of the Managed Network described in clause 1.3 of the Managed Network Terms. |
| School or Educational Organisation | means:- any “service provider” (i.e. early childhood), “registered school” or “tertiary education provider” as those terms are defined in the Education Act 1989; or
- any other organisation that we allow to use our Services as an Educational Organisation.
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| Services | means our products, services, websites and Equipment that we provide, or make available, to Customers from time to time |
| Support Hub School Account | A Support Hub account for a representative or employee of the School that uses N4L’s Services on behalf of the school, for instance a Principal, a Deputy Principal, Teacher or ICT Lead. |
| Support Hub IT Provider Account | A single Support Hub account for an IT Provider that is shared by individuals within the IT Provider’s organisation. The Support Hub IT Provider Account may be associated with multiple Schools. |
| SMTP | means Simple Mail Transfer Protocol. |
| SNUP | means School Network Upgrade Project. |
| HTTPS Inspection | means being able to look inside encrypted web traffic in order to filter appropriately. |
| Support Hub | means the functionality and information we make available on or from the “Support Hub” section of our Website |
| The Network for Learning, N4L, we, us and our | means The Network for Learning Limited. |
| Third Party | means any person other than you and N4L, including Your Users, N4L’s other Customers, N4L’s stakeholders and the public at large. |
| UFB | means the Government’s “Ultra-Fast Broadband” initiative intended to provide ultra-fast broadband to 75% of New Zealanders, concentrating in the first six years of the initiative on priority broadband users (including Schools). |
| User or End User | means any individual using any of our Services. |
| VPN | means Virtual Private Network. |
| WAN | means Wide Area Network. |
| Website | means the website available at www.n4l.co.nz |
| Wholesale Access Service | means a wholesale, bit-stream telecommunications service that connects your premises to the Managed Network. Wholesale Access Services are part of the Managed Network and are provided by local fibre companies or RSBI providers. |
| you or your |
means the person or entity that the relevant document applies to, as the context requires. For example: - in the Privacy Statement “you” means a School, an End User or an Organisation Representative; and
- in the Acceptable Use Policy, “you” means a School or an End User.
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| Your Users | means Users who are accessing any of our Services via your device, account or infrastructure, including:- a known or unidentified Users accessing a Service via your via your device, account or infrastructure; and
- if you are an Educational Organisation, your:
- students enrolled at your Educational Organisation (including their kaitiaki and guardians); and
- teachers, staff, contractors and other personnel working for your Educational Organisation; or
- if you are any other type of organisation, your employees, contractors and other individuals working for or with you.
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