2degrees Business Wireless Broadband Terms and Conditions

If you signed up before 16 February 2022, click here for full terms

T&Cs if you signed up or changed plans from 16 February 2022

Welcome to 2degrees. Please read these terms and conditions carefully as they set out the basis on which we will provide Services to you.

This Service is not suitable for fax; EFTPOS; monitored alarms; medical alarms; or sky modems. If you use one of these services you will need to retain a fixed land line. 

From the earlier of you applying for an Account or the set-up of your Account you are deemed to have accepted these terms and conditions.

Additional terms may apply to some of our Services. We will let you know when additional terms apply. Sometimes we may make special offers which are subject to other terms. If you accept one of those special offers, then the terms and conditions of that offer will also apply.

We may change our terms and conditions from time to time, and this may include changes to the price of the Services and/or the way you are able to use the Services. We will only make these changes as set out in clauses 84 to 87, and will at all times comply with relevant laws and regulations in making these changes.

We also may terminate our Agreement with you or suspend or terminate the Services being provided to you, including where you are in breach of this Agreement, including our Fair Use Policy or you use the Services in an offensive, abusive, inappropriate or an unlawful manner. For more information on our main termination rights see clauses 76 to 82.

If you have any questions regarding your Account, the Service or these terms and conditions please contact us on 0800 022 202, or visit your nearest store or www.2degrees.nz.

All rates are inclusive of GST.

1. Subject to these terms and conditions, you may sign up to the following plans: 
   1. 4G 300GB Wireless Broadband Plan
   2. 4G 600GB Wireless Broadband Plan
   3. 5G Unlimited* Wireless Broadband Plan (12 month term only)
   4. 170GB Rural Wireless Broadband Plan
      All traffic (upload and download) will be counted towards your data usage.
      *Fair Use Policy applies
2. Subject to clause 3 when you reach your 300GB or 600GB Plan data limit, you will be automatically stopped from using more data. If you want to purchase additional data, you can do so in blocks of 10GB, 30GB and 50GB. Extra data charges will be applied to your next bill.
3. Any static IP addresses provided under this Agreement with your Wireless Business Plan remain the property of 2degrees and cost $10 per month. Please contact 0800 022 249 for more information if you are a Business user. If you have a static IP address, when you reach your monthly data limit, extra data will be automatically charged at $2 for each 1GB, up to a maximum allowable monthly data amount of 35GB per month (ie $70 = 35 x 1GB at $2 each). Extra data charges will be applied to your next Bill. 

Term

4. Your term will start from the date your Connection is Activated. Your Plan is deemed to be Activated when your wireless modem first connects to the 2degrees Network. If your 2degrees Wireless Modem has not been Activated within 30 days of the date on which it was shipped to you we will automatically Activate your modem for you and terminate your existing plan (if you have one).

Fixed Term

5. If you sign up to a fixed term Plan, you agree to receive the applicable Plan’s Services for at least the length of that fixed period. After the fixed period, we will provide the Services to you on a month by month basis until they are terminated in accordance with this Agreement.
6. If you have signed up to a fixed term Plan, you agree to pay:
   1. $15 for the modem handling and delivery charge; and
   2. an early termination charge of up to $199 for 4G plans and $299 for 5G plans if you end your Plan or downgrade to another plan before the end of the term (Early Termination Charges).
7. If you terminate and leave before the end of the term and do not return the free rental modem to us you will be charged $299 for 4G plan modems and $699 for 5G plan modems, or $200 for 4G and $600 for 5G respectively if you terminate and leave after the end of the term.

Open Term

8. If you do not sign up for a fixed term, we may provide the Services to you on a month by month (open term) basis until they are terminated in accordance with this Agreement.
9. By signing up to an open term Plan, you agree to pay:
   1. $299 for a 2degrees supplied Wireless Modem; and
   2. $15 for the modem handling and delivery charge.

Changing to another Plan

10. Subject to clause 13, you can change your Plan once per Billing month. New terms and conditions may apply to your new Plan.
11. If you are on a fixed term Plan and change to a new fixed term wireless plan then your term starts again. (For example, if you sign up to a 12 month plan in January 2022 and change to a new 12 month plan in July 2022, then the term of your new plan will end in July 2023.)
12. If you change plans during a Billing month the fees and for your existing Plan and new Plan will be prorated.
13. You cannot change Plans:
    1. from a fixed term Plan to an open term Plan during your term;
    2. from a Consumer Plan to a Business Plan and vice versa;
    3. if the cost of the new plan exceeds your 2degrees credit limit of spend control set on your Account; or
    4. if you have any outstanding Bills or your Account is suspended.

About our Services

14. Our Services are not available to all customers in all areas. We cannot guarantee the availability of a Service until connected. We may cease to provide Services to you if it is no longer available in your geographic location.
15. We are not obliged to provide the Services unless we accept your application. We have the right to decide to provide the Service, or not to accept any application for the Service.
16. Our Services are delivered by a wireless broadband 4G or 5G network (ie a mobile network). 4G and 5G services are only possible in the applicable coverage areas. 4G and 5G coverage is not available everywhere. Compatible 4G or 5G devices are required for the applicable services to work.
17. You must not use your 2degrees Wireless Modem to receive the Services at any address other than the approved installation address location. If you do so we may immediately terminate the Services without notice and Early Termination Charges may apply. If you are moving, please contact us prior to doing so. If the location is within our approved wireless broadband 4G or 5G (as applicable) network coverage area, you may be able to continue to use the Service subject to network coverage and 2degrees approving your new address. If you are moving to a location outside our approved wireless broadband 4G or 5G (as applicable) network coverage area, you will need to terminate your contract with us. Early Termination Charges may apply.
18. The SIM card installed in your 2degrees Wireless Modem must not be removed or used in any other device or handset. Removing the SIM from your 2degrees Wireless Modem may result in your Service being immediately terminated without notice.
19. We will use all reasonable efforts to ensure that the Services are reliable and available at all times. However, we cannot promise that our Services will always be available or fully-functioning. If our Services are unavailable for any reason we will endeavour to restore the service as soon as possible. If there is a problem with your Service, please contact us on 0800 022 011 or visit your nearest store.
20. 2degrees reserves the right to manage traffic at peak times to improve the overall performance and experience of our Services among our customers. In particular, we reserve the right to prioritise specific types of traffic over other traffic at times of congestion (and for limited time periods) where we consider there will be significant customer interest in the specific type of traffic and these actions are necessary to ensure customers receive an acceptable Service.

30 day risk free guarantee

21. 2degrees will provide you with a 30 day risk free guarantee which is available if you are unable to use the Services due to poor reception. If the Service is not available at your installation address you may call us on 0800 022 011 and we will refund you. A refund of your monthly Plan and rental modem shipping charges (and modem cost if you are on an open term plan and have returned the 2degrees Wireless Modem to us) will be made in the same tender as the original purchase. Any additional data charges for data that exceeded your Plan’s monthly allocation will not be refunded. If you rented the 2degrees Wireless Modem from us, you will need to return it and any accessories including its power cable to us as new or you will have to pay the applicable $299 (4G) or $699 (5G) modem non return fee (or applicable accessory charge). We will provide instructions on returning the modem when you cancel.

Installation and Equipment

22. The Services require a 2degrees Wireless Modem which we will either provide or sell to you depending on your Plan.
23. If you have signed up to a fixed term Plan, we will retain ownership of the 2degrees Wireless Modem during the duration of your Service and you must return it and it’s power supply to 2degrees on our request. If you have signed up to an open term plan you will need to buy a Modem from us. This Modem requires mains power. In the event of a power failure, your wireless broadband service will not be available, including access to emergency services if you have a Home Phone connection. Make sure you have a fully-charged mobile phone available for use in power outages including for emergencies.

Speed

24. Wireless broadband speeds can be impacted by the distance between your modem and a cell site, the performance of your modem, your in-home WiFi setup, the level of usage of a particular cell site by others, network capacity, and the number of devices connected to your modem. Speeds may also be impacted by the location and quality of the websites you choose to view and the software you may have downloaded (malicious or otherwise). The day to day performance will also be affected by our Network. Any speed representations are averages and are not an indication of the actual speed of an individual connection. Speeds may be more or less than the average speed.

Add-On Services

25. You may purchase Add-On Services for your Plan that we make available. Any specific terms and conditions that relate to those Add-On Services will be published by us on 2degrees.
26. Unless stated otherwise, Charges for Add-On Services will apply from the date the Add-on is made available to you until the next Billing Date when Charges will recur and be payable in advance until terminated.

Traffic Management

27. We may select the most appropriate technology for you based on:
    1. the network technologies available at your location; and
    2. your usage patterns at the setup of your Service.
28. If either of the factors listed in 27 (a) or (b) changes during the term of our agreement, we may change your connection (at our absolute discretion) to an alternative technology or a new plan using the same technology. If the price of the new plan is more than you pay on your existing Plan then clause 88 will apply and we will not charge you an Early Termination Charge in respect of your Plan.
29. If your usage on the applicable Plan exceeds the usage as set out below in 29(a)-(d) we may end your plan and, if we can, offer to move you to an alternative technology or solution. We will notify you before ending your plan. If you are not satisfied with this alternative technology or plan, you may terminate your Service within 30 days of our notice to you or within 30 days of the date of the change (whichever is later) and we will not charge you an Early Termination Charge in respect of your Plan:
    1. 300GB Plan:  usage exceeds 400GB in any month for 3 consecutive months, or exceeds 450GB in any single month;
    2. 600GB Plan: usage exceeds 700GB in any month for 3 consecutive months, or exceeds 750GB in any single month; or
    3. Rural Plan: usage exceeds 300GB in any month for 3 consecutive months, or exceeds 350GB in any single month.
    4. Unlimited Plan: usage exceeds Fair Use Policy.

Fair Use Policy

30. All of the Services, including Unlimited plans, are subject to the Fair Use Policy. Your use of the Services must be fair, reasonable and not excessive, as reasonably determined by us by reference to average and/or estimated typical customer usage of the Services. We will consider your usage to be excessive and unreasonable where it:

1. materially exceeds the average and/or estimated use patterns over any day, week or month (or other period of time as determined by us); or
2. causes us to incur additional costs or affects the performance of the 2degrees Network or affects another 2degrees’ customers’ use of or access to the Services,

Excessive Usage.

31. If you are not a 2degrees Business customer, where we offer any included Services under a Plan or other Service, such use is offered for your individual private and personal use and benefit only. In no case does any Service allow for activities aimed at making profit or reselling the Service or using the Service in an unfair or excessive way and any such use of the Services by you is a breach of this Agreement.
32. For the avoidance of doubt, fair use of our Services excludes activities such as auto-dialling, premium services, continuously call forwarding, tele-marketing, call centres or other activities that use our services for commercial gain and use of cellular trunking units (including SIM boxes and GSM gateways).
33. If in our reasonable opinion we consider your usage to be Excessive Usage or in breach of clause 30 we may immediately suspend, modify or restrict your use of the Services or withdraw in full or in part your access to the Services without notice to you and/or act in accordance with clause 29.

2degrees Pay Monthly Discount

34. If you are a 2degrees Pay Monthly mobile customer and have a 2degrees Wireless Plan you are entitled to a $10 discount on your 2degrees Wireless Plan Monthly Charge. Only one $10 discount applies per Wireless Plan per household. Note that your discount may not apply until your second bill.
35. Your 2degrees mobile phone number needs to be loaded into Your 2degrees Broadband to be able to activate the $10 discount. 
36. If you terminate your 2degrees Pay Monthly account you will no longer be eligible for the $10 discount.

Your Responsibilities

37. Unless you are a Business customer, the Services are offered for your individual private and personal use and benefit only, or if you are operating or doing business from your residential home, for your own internal business purposes. For all Plans (Consumer and Business), the Services must not be used for contact centres, auto-dialling, continuous call forwarding or telemarketing, resupply, resale, onsale or any other supply to a third party, or use which 2degrees considers is or may be detrimental to or interferes with our provision of a Service to you or any other customer or interferes with our network or equipment.
38. You must not use or permit our Services to be used in any way, which;
    1. breaks any law; or
    2. infringes anyone's rights; or
    3. is malicious, obscene, offensive, causes a nuisance;
    4. is or acts as a gateway server; or
    5. damages or compromises the 2degrees Network or that of any other operator.
39. You must keep confidential any password or PIN number which is used by you to access our Services and we recommend, for security reasons, that you change these on a regular basis. We may make a reasonable request for you to change your password or PIN in a timely manner.
40. You must comply with any reasonable restrictions we impose or directions we give regarding the use of our Services, including in accordance with any applicable policies that may apply to any Service(s) from time to time. We will let you know if any policies apply to your Service(s) by publishing these on our website.
41. You must immediately report to us any misuse of your Services or disclosure of your Account and/or Account information.
42. You must notify us if you wish to terminate your Agreement or Service(s). The process for terminating your Agreement or Service(s) is set out in clause 69 to 75
43. We do not control the information that can be accessed through the internet. Accordingly, we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our Services. We are also not liable for any viruses or other harmful code which you may download via the Internet or which may be otherwise transmitted to you via our Services.

Information supplied by you

44. You confirm that all information you provide to us in relation to your Account is true and correct and you undertake to provide us with such factual information that we reasonably consider necessary from time to time. We reserve the right to request original documentation.
45. You must advise us when any of your personal information changes (for example if you change your name, email address, contact details or address).
46. If we suspect that information supplied to us is false, or that information about a person has been supplied without their knowledge or consent, we may delay setting up your Account, or suspend any affected Account or the Services, while we investigate. If we are satisfied there has been no breach of this clause, we will re-activate the Account(s) or reinstate the Services. If we are not reasonably satisfied we may immediately terminate this Agreement. You acknowledge that you will have no claim against us in respect of any delay or refusal to set up your or any other Account, the termination of your or any other Account, or the suspension of your or any other Account or the Services as a result of this clause.

Use of information and privacy

47. You agree that we and our Agents can collect information about you and the way in which you are using the Services (among other things) and use the information as set out in our Privacy Policy. Please ensure you have read and understood our Privacy Policy, which forms part of this Agreement and is published by us at co.nz/termsofuse/privacy-policy/.
48. As detailed in our Privacy Policy, you agree that we and our Agents may send you marketing messages, electronic or otherwise, about (among other things) our rewards, special offers, competitions and other promotions, and those of our Agents or third parties which we consider may be of interest to you. You may unsubscribe from receiving marketing messages from us and our Agents at any time by contacting Customer Care and/or via Your 2degrees Broadband.
49. You agree that all intellectual property rights in the Service(s) and any improvements or changes we make to any Service(s) belong exclusively to us.

Credit Check

50. The Activation of your Account is conditional upon you completing the Account set up process, which may include credit checking.
51. In accordance with our Privacy Policy, you authorise us to check your credit status with any credit reference agency or agencies as we see fit from time to time during the term of this agreement and to pass on information about you to any credit reference agency for that purpose. We do not accept responsibility for the accuracy of information we receive about you from any credit reference agency. You must contact that agency directly if you are dissatisfied with any information supplied to us.
52. We may decline to set up your Account where you do not meet our credit criteria, including if you do not give us the names of any credit referees when we ask them. We may also terminate your Account or refuse to provide any Service to you if you fail to meet any further credit check that we carry out after your Account is set up. The way we establish our credit criteria is at our discretion, and we are not required to disclose our credit criteria or the reasons for any decision we make in respect of your credit status.
53. We may require a security deposit and/or impose other payment conditions on your Account such as a mandatory payment method or a credit limit when setting up your Account or during the term of this Agreement. If you ask for any additional Services to be added to your Account, we may ask you to provide us with further credit referee(s) and/or security deposit and/or we may impose a credit limit or other payment conditions on your Account. Where we impose any payment conditions on to your Account, this will not be considered a change to the Services as stipulated by clauses 84 to 87 of this Agreement and that clause will not apply.

Charges and Billing

54. Unless stated otherwise, we will bill you monthly in advance for the Services. Any excess Charges (such as toll calls (if applicable) and excess broadband data) will be charged at your next billing date. The Charges for the Services may be changed by us, and/or new Charges introduced from time to time.
55. Your monthly billing will start on the date your Connection is Activated. This means your first monthly Bill Payment will be taken via your selected method of payment on this Activation date.
56. We will email to you and/or make available your Bill on or about 25 days prior to your Billing Due Date. You can also view your Bills by visiting Your 2degrees. We reserve the right to amend your Billing Due Date and to send you interim Bills.
57. You are liable for all Charges incurred under your Account, no matter who incurs them. However, you will not be liable for any Charges caused by us acting negligently or wrongfully.
58. We reserve the right to charge you for the reasonable costs we incur in the enforcement of any rights contained in this Agreement, including any reasonable legal fees or reasonable costs incurred to collect any overdue Charges from you. These costs are payable on demand.
59. We further reserve the right to charge you a reasonable fee if you request information we hold about you on your Account, including call data information or other use of the Services which is not available on Your 2degrees. The fee we charge for such requests will take into our reasonable costs associated with retrieving that information.
60. At the end of this Agreement we can use any remaining credit balance left on any of your Accounts with us or use any moneys we owe you to recover any outstanding Charges. We will refund you any unused credit or security deposits remaining on your Account after all outstanding Charges are paid.
61. If there is a mistake on your Bill, please let us know as soon as possible. In any event you must pay your Bill by the Billing Due Date. If upon our investigation we find that there has been a mistake with your Bill, we will apply any correction to your next Bill.

Payments

62. You must pay the amount set out in your Bill by the Billing Due Date.
63. If you are not a 2degrees Business customer, we require either a credit card or direct debit authority for all Accounts.
64. We will use your selected method of Payment when a Billed amount is outstanding on the Billing Due Date.
65. We reserve the right to require immediate payment of any Charges in excess of any credit limit applied on your Account or any usage in breach of this Agreement.
66. If Payment has not been made by the Billing Due Date, we may charge interest on all sums outstanding at the Default Interest Rate until the date we receive Payment in full.
67. We reserve the right to charge a reasonable fee for any late or dishonoured Payments.
68. If you do not pay any Bill by the Billing Due Date we can, without prejudice to any other rights we have, suspend or restrict your use of all or any of the Services without giving you prior notice. You will still be liable for Charges if we are required to suspend or restrict the Services under this clause.

Liability

69. As a consumer on a Consumer Plan you have rights under consumer laws, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in this clause will affect any rights you have, or any obligations we owe you, under those.
70. If you are acquiring, or have indicated you will use, the Services for business purposes, then we both acknowledge and agree that the guarantees under the Consumer Guarantees Act will not apply.
    Our liability to you
71. We are not liable:
    1. For any loss that is caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
    2. For any loss or corruption of data, loss of business, profits or revenue (anticipated or otherwise), or any form of indirect or consequential loss; and
    3. Where we are unable to provide you with the Services, or carry out our obligations to you under this Agreement because of something beyond our control, for example, failure by a network operator, act of God, earthquake, terrorism, strike, shortage of suitable labour or materials or any other event beyond our reasonable control.
72. If you use another service provider's services during the period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.
73. If we are liable to you or anyone claiming through you for direct losses arising from our breach of this Agreement or for our negligence, our obligation to pay damages or losses is limited to $5,000 for any incident or series of related incidents or $10,000 for a number of incidents within any 12 month period.
74. Your liability to us:
    1. You are not liable to us for any loss to the extent it is caused by us (for example, by our negligence or breach of contract);
    2. You are not liable to us for indirect, special or consequential loss, loss of profit, loss of revenue, loss of business or missed opportunity, loss of data, wasted expenditure or lost savings arising from or in connection with your use of the Services or otherwise in connection with this Agreement; and
    3. If you are found liable to us, your liability will be limited to $5,000 for any event or series of related incidents, or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to your obligation to pay any Charges or for any loss or damage caused by fraud, willful breach or wilful damage.

Liability of suppliers

75. We have certain obligations towards our dealers, Agents and suppliers. Those persons (and their officers, employees, contractors, and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the Services we provide or from your use of those Services. This clause creates an obligation for the benefit of other network operators and/or our dealers, Agents, and suppliers and may be enforced or otherwise relied upon by them.

Terminating this Agreement or Services

76. If you choose a fixed term, Early Termination Charges may apply if you end your Plan early.
77. If you terminate your existing Plan (or Add-On Services) or change to another plan at any time you will be liable for all Charges, including your monthly Plan fee, up to your next Billing Date (for example if you terminated your plan on 20 June and your Billing Date was 30 June you would be charged your monthly Plan fee, and any other charges you incur, up to 30 June). Early Termination Charges may also apply and if you change your Plan, new specific terms and conditions may apply to your new Plan.
78. We can terminate the provision of any Service to you with 30 days written notice if a third party, including another network operator, does anything that prevents us from supplying that Service to you.
79. We may terminate this Agreement, your Account and/or terminate or suspend or restrict any connection(s) to a Service:
    1. Immediately without notifying you if:
       1. you are abusive, offensive or are otherwise a nuisance to our staff, our Agents, or any other person; or
       2. we suspect you of using any of the Services for any unlawful activity or in an offensive way;
    2. Immediately by notifying you if:
       1. You breach this Agreement (other than a breach specified in clause 79(1) above) or any other agreement between you and us or any of our related companies and (i) we have notified you that you have breached this Agreement, and you have failed to remedy that breach within 14 days of such notice; or (ii) the breach is material and cannot be remedied; or
       2. You become insolvent, or bankrupt, or make any arrangements with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets or if we have good reason to believe that you are unable to pay the Charges.
80. Where your Account and/or any Service is terminated for a reason that is not due to an unlawful act or omission, or a material breach of this Agreement by us, then you must pay us on termination:
    1. Any applicable Early Termination Charges;
    2. All other Charges incurred up to the date of termination; and
    3. Any other moneys payable by you under this Agreement.
81. If you feel that we are in material breach of this Agreement with you (including by way of an unlawful act or omission) then you must give us written notice setting out the alleged breach in sufficient detail to allow us to conduct an investigation. If we are satisfied that we have materially breached this Agreement with you and have failed to remedy that breach within 28 days of receiving your notice, then you may immediately terminate this Agreement. On termination, you remain liable for any outstanding Charges.
82. Notwithstanding anything else in this Agreement, we may terminate this Agreement and your Account for any reason by giving not less than 30 days prior notice and in this case you will you will not have to pay an Early Termination Charge. You will only be required to pay any other outstanding Charges incurred up to and including the date of termination and return any equipment that we have leased to you.

Rights and Responsibilities that continue

83. Ending this Agreement does not affect any rights and/or responsibilities which are intended to continue after this Agreement ends.

Changing the terms and conditions

84. We may change this Agreement and/or vary any Service at any time in accordance with clauses 84 to 87.
85. If we reasonably believe that a change is likely to benefit you or have no or a neutral impact on you, we may make that change without giving you prior notice.
86. If we intend to:
    1. increase our Charges for any of the Service(s); and/or
    2. reduce the elements of a Service you are using; and/or
    3. change the terms of this Agreement,
       
       and we reasonably believe that change will have only a minor detrimental impact on you, we will give you at least 10 working days’ prior notice, and where possible we will try to give you 30 days’ prior notice before making that change.
87. For any other change, we will give you at least 10 working days’ prior notice, and where possible we will try to give you 30 days’ prior notice.
    
    Termination by you because of a detrimental change
88. If you can demonstrate to our reasonable satisfaction that a change would have more than a minor detrimental impact on you such that the change would:
    1. materially adversely impact the way in which you use the Service(s); or
    2. materially adversely increase the Charges you would incur from your usual use of the Services; and
    3. the change is not one that is specifically provided for in this Agreement or we are required to make by law,
       
       you may notify us that you wish to immediately terminate this Agreement. Notice of intended termination under this clause 88 must be given within 30 days from the time we notify you of the change (“Notice Period”).
89. If you continue to use the Services after the Notice Period you are deemed to have accepted the change.
90. Requests for termination under clause 88 will be considered on a case by case basis, but will not be unreasonably denied. However, we are entitled to transfer you to another available Plan or Service, if we reasonably believe that as a result of such a transfer you would not be in a materially different position from that which you were in prior to the change.
91. If your Agreement is terminated under clause 81 above, you will not have to pay an Early Termination Charge, except if the change arises from, or relates to, a regulatory or legislative charge outside our control (for examples a tax or levy imposed by law), or is in response to a change by a third party supplier for an input required for your Service. You will remain liable for all Charges incurred up to the date of termination.
92. If we are required to notify you of a change under this clause 81, we may do so by bill insert, email or voicemail. Notice of all changes will also be posted on our website, www.2degreesbroadband.co.nz. Please check our website regularly for updates.

Transferring Rights and Responsibilities

93. We may transfer to someone else all or any part of our obligations under this Agreement, and assign or transfer any of our rights under or in connection with this Agreement. Any assignee or transferee will have the same rights and powers as if they were named as 2degrees.
94. You must obtain our written consent to transfer this Agreement. We will not unreasonably refuse any request to transfer this Agreement.

Waiver

95. If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.

Force Majeure

96. We will not be liable for any delay or failure to provide the Services or any other delay or failure in meeting our obligations under this Agreement to the extent that such delay or failure is caused by any event outside of our reasonable control.

Subcontracting

97. We may subcontract or delegate the performance of any of our rights or obligations under this Agreement to any related company, Agent, service provider or other third party. In that case, each of those companies, agents, service providers or third parties and their officers, employees, contractors and agents will have the benefit of any terms of this Agreement that confer benefits on us.

Disputes

98. If you have any dispute with us in relation to any of the Service(s), or otherwise in connection with this Agreement, please contact Customer Care.

New Zealand Law

99. This Agreement is governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.

Interpretation

“2degrees” means Two Degrees Mobile Limited, the duly incorporated company having its registered office at Level 2, 136 Fanshawe Street, Auckland Central, Auckland, 1010., New Zealand.

“2degrees Network” means the New Zealand mobile cellular network through which Services are provided, comprising the mobile cellular network owned and operated by us, as modified, upgraded or expanded from time to time and that part of the 2degrees Network provided through the Rural Connectivity Group arrangements, and includes its successors or assigns.

“2degrees Wireless Modem” means the wireless modem 2degrees have provided to you for the purposes of supplying this Service.

“Account” means your account with us which includes our records of your usage (including any usage by End Users, where applicable), payments and outstanding Charges in respect of any Services provided to you in accordance with this Agreement.

“Activation” means the installation of your Connection and/or Add-On Service(s) by 2degrees so it is ready for use (and “Activate” shall be construed accordingly).

“Add-On Services” means additional products and services that can be added to your Plan from time to time.

“Agent” means any third party appointed by us to perform any of our obligations under this Agreement.

“Agreement” means this agreement between us and you comprising these wireless broadband Broadband Terms and Conditions, any specific terms and conditions which apply to a particular Service used by you and any 2degrees policies and procedures published by us from time to time on www.2degreesbroadband.co.nz.

“Bill” means a statement of your Charges (and “Bills” shall be construed accordingly)

“Billing Date” means the calendar day each month on which your Bill will be sent to you by email and/or made available to you on Your 2degrees.

“Billing Due Date” means the date on which your Bill is payable by you, and being the date stated as such on your Bill.

“Charges” means all monthly access charges, services costs and usage charges payable in accordance with the terms of any Service and any additional charges payable by you in respect of the Services, including Early Termination Charges.

“Connection” means your specific connection using the SIM card in your 2degrees Wireless Modem to use the Service(s).

“Customer Care” means our customer care team, contactable by calling 0800 022 022 or emailing bbhelp@2degreesbroadband.co.nz.

“Default Interest Rate” is the Bank of New Zealand’s base commercial overdraft rate on the Due Date, as determined by us, plus 1.5% per month or any other rate notified to you by us.

“Fair Use Policy” means the policy set out in clauses 40 to 43 of this Agreement.

“Payment” means paying the Charges set out in your Bill.

“Plan” means the wireless broadbandplan by which the Services are made available to you (as published by us from time to time on www.2degreesbroadband.co.nz).

“Privacy Policy” means the privacy policy published by us on www.2degreesmobile.co.nz/termsofuse/privacy-policy/.

"Services" means the wireless broadband telecommunications services and related products and services made available by us and/or our Agents or approved third party suppliers to you over the 2degrees Network, including under any Plan or Add-on.

"SIM card" means the 2degrees subscriber identity module installed in your 2degrees Wireless Modem to enable access to the 2degrees Network and use the Services.

“We” or “us” means 2degrees and “our” has a corresponding meaning.

“Working Day” means any day (other than a Saturday or Sunday) on which registered banks are open for general banking business in Auckland, New Zealand.

“Your 2degrees” means the online self-service portal you can access at www.2degrees.co.nz and through which you manage certain aspects of your Account