2degrees Business Terms and Conditions (post 6 September 2011) (Retired)

1. These specific terms and conditions apply to each 2degrees Business Plan connection successfully activated under your Business Account on or after 6 September 2011 and apply in addition to the 2degrees Pay Monthly Terms and Conditions. These specific terms and conditions will prevail in the event of any inconsistency between these terms and conditions and the Pay Monthly Terms and Conditions. Where a Service for which you have applied is subject to specific Terms and Conditions published on our website, the specific Terms and Conditions (as amended from time to time) shall also form part of these Terms and Conditions.
2. The rates and conditions below apply when you use your Mobile Phone (including any other 2degrees approved device) in New Zealand.
3. The following definitions apply in addition to the definitions set out in the Pay Monthly Terms and Conditions:

   “2degrees Business Plan” means a Standard Business Plan or a Business Mobile Broadband Plan as applicable under a Business Account;

   “Account Holder” means the individual you appoint to manage your Business Account;

   “Administrator” means an individual appointed by the Account Holder to assist with managing your Business Account;

   “All You Need Talk” has the meaning given in clause 26 of these terms and conditions;

   “All You Need Text” has the meaning given in clause 30 of these terms and conditions;

   “Business Account” means an Account with one or more Team Members;

   “Business Account Owner” means an Account Owner that is a commercial entity (being a company, partnership, trust, incorporated society, government agency, or such other entity authorised by us in our discretion) that is responsible for, and liable for all Charges payable under, the Business Account;

   “Business Bonus” means the handset (or other) subsidy that may be provided in accordance with these terms and conditions on signing up to a 2degrees Business Plan on a 12 or 24 month term;

   “Business Mobile Broadband Plan” means a Plan offered by us under your Business Account and published by us at www.2degreesmobile.co.nz;

   “Pay Monthly Plan” means a Plan described in the Pay Monthly Plan Terms and Conditions;

   “Plan Benefits” means the benefits received under a 2degrees Business Plan as described in clause 19;

   “Standard Business Plan” means a Plan described in clause 19(a) under a Business Account;

   “Team” means all Team Members under a Business Account;

   “Team Member” means an End User under a Business Account that is connected to the Services under a 2degrees Business Plan; and

   “you” means the Business Account Owner and “your” shall have a corresponding meaning.

4. You must appoint an Account Holder prior to Activation of your Business Account. Your Account Holder must be a Team Member under your Business Account. You may change your Account Holder at any time by written notice to us.
5. The Account Holder may appoint one or more Administrators in respect of your Business Account and such appointment must by written notice to us. The Administrator will have the same authority as the Account Holder to make requests to Customer Care on behalf of your Business Account but will not be able to access log-in details to Your 2degrees.The Administrator does not have to be a Team Member. The Account Holder may change or remove an Administrator at any time by written notice to us.
6. You remain liable for all actions or omissions of the Account Holder and each Administrator (if any) in respect of your Business Account.
7. Each Team Member must be an owner, director, partner, employee or other officer of the same Business Account Owner.
8. From the date a Team Member transfers to a Plan under your Business Account, that Team Member will be released from, and you will assume, all of the Team Member’s obligations in respect of their use of Services under your Business Account.
9. You are responsible for the use of Services by each Team Member, as well as all Charges generated by each Team Member in respect of their connection to the Services.
10. Team Members under a Business Account can be on different 2degrees Business Plans and on different terms (e.g. month to month, 12 months or 24 months).
11. Activation of a Team Member’s 2degrees Business Plan under your Business Account will be at the discretion of 2degrees.
12. You may at any time request that a new Team Member be added to your Business Account. If you do so, we may require you to undergo a further credit check, or we may require a further security deposit or personal guarantee from you and/or impose other conditions in respect of your Business Account.
13. We may refuse the activation of a new Team Member under your Business Account if you have any outstanding Charges or any other overdue payment in respect of your Business Account.
14. You may at any time request a change of ownership of your Business Account to a new Business Account Owner. Prior to effecting any change of ownership we will require the new Business Account Owner to pass our credit check and Business Account process and procedures. Any change of ownership will be effective on the Billing Date following the date on which we inform you in writing that we accept the change of ownership and you remain liable for all Charges incurred up to your final Billing Date.
15. We will allocate you a Billing Date upon Activation of your Business Account. The Charges in respect of each Team Member’s 2degrees Business Plan will be pro-rated from the date their 2degrees Business Plan is activated under, or transferred into (as the case may be) your Business Account to align with your Billing Date.
16. We may set a credit limit on your Business Account and may suspend your Business Account or Team Member if that limit is exceeded. We will send you a warning email and text when you are close to exceeding your credit limit, however we are not liable if you do not receive the email and/or text.
17. You acknowledge and agree that you are liable for any action or omission of a Team Member in respect of that Team Member’s use of any of our Services as if that action or omission was made by you. You agree and acknowledge that any request by a Team Member in respect of their 2degrees Business Plan, or any other Service, has been authorised by you, including but not limited to the purchase by a Team Member of any Value Pack or other Service on their 2degrees Business Plan.
18. We may change a 2degrees Business Plan and the Plan Benefits of any 2degrees Business Plan at any time at our discretion. We will do our best to notify you before we make any changes to the Plan Benefits or a 2degrees Business Plan. We will not be liable to you if you do not receive any such notification. New Plan Benefits will be applied to the relevant 2degrees Business Plan(s) under your Business Account from the Billing Date following the effective date of the change to the Plan Benefits.

2degrees Business Plans

Plan Name	Plan Charge (per month)		Plan Benefits			Business Bonus
	incl GST	excl GST	Anyone Minutes (any-net minutes)	Anyone Texts (any-net texts)	National Data	12 month term	24 month term
Business $29.95	$29.95	$26.04	60	All You Need Text*	50MB	$0	$0
Business $39.95	$39.95	$34.74	120	All You Need Text*	100MB	$75	$110
Business $59.95	$59.95	$52.13	210	All You Need Text*	150MB	$100	$170
Business $89.95	$89.95	$78.22	360	All You Need Text*	250MB	$150	$220
Business $99.95	$99.95	$86.91	All You Need Talk*	All You Need Text*	500MB	N/A	N/A
Business $129.95	$129.95	$113.00	600	All You Need Text*	500MB	$200	$370
Business $149.95	$149.95	$130.39	All You Need Talk*	All You Need Text*	500MB	$200	$370
Business $179.95	$179.95	$156.48	All You Need Talk*	All You Need Text*	2GB	$400	$800

*Fair Use Policy applies. See below for conditions.

19. Subject to these terms and conditions, each of your Team Members may be connected to one of the following 2degrees Business Plans:
    1. A Standard Business Plan either on a month to month, 12 month or 24 month term:
    2. A Business Mobile Broadband Plan on a month to month, 12 month or 24 month term in accordance with any specific terms and conditions published by us with respect to Business Mobile Broadband Plans at www.2degreesmobile.co.nz.

Anyone Minutes

20. Unless stated otherwise in these terms and conditions, Anyone Minutes are only valid for voice calls to any standard landline or mobile in NZ.
21. Anyone Minutes are allocated to each Standard Business Plan under your Business Account on each Billing Date. If you do not use your full allocation of Anyone Minutes during a Billing month, your unused Anyone Minutes for that Billing month will be carried over to the following Billing month. For the purpose of these terms and conditions, these carry over Anyone Minutes are referred to as ‘Carryover Minutes’. Carryover Minutes (if not used) can be accrued for up to 12 months and will expire on the day prior to the first anniversary of the Billing Date on which these minutes were first allocated to you. During any Billing month, your Carryover Minutes (if any) will always be used before your Anyone Minutes allocation for that Billing month.
22. If any of your Team Members consume all of their Anyone Minutes while they are on a call, you will be charged our standard per minute rate of 44 cents per minute (to any standard landline or mobile in NZ) for the remainder of the call and for any subsequent calls until the Team Member is allocated further Anyone Minutes on your next Billing Date. Please see our Standard Rates Terms and Conditions for further information.
23. Anyone Minutes cannot be used to make calls to premium rate numbers (for example 0900, 018 or voicemail).
24. All calls are rounded up to the next whole minute.

All You Need Talk

25. If a Plan Benefit of a Standard Business Plan includes All You Need Talk then clause 26 to clause 29 apply.
26. You will be charged a 0 cents per minute rate for all calls to any standard mobile or landline in New Zealand on each Billing Date for the term of your applicable Standard Business Plan provided you pay the applicable Plan Charge.
27. All You Need Talk cannot be used to make calls to premium rate numbers (e.g. 018, 0900), but can be used to make calls to voicemail.
28. Notwithstanding clause 26 above, on a 2degrees Business $179 Plan All You Need Talk can be used to make calls to standard landlines in the 30 countries as published by 2degrees on its website www.2degreesmobile.co.nz from time to time. Calls to mobiles and premium rate numbers or other similar chargeable numbers in the applicable countries are excluded.
29. Our Fair Use Policy applies to All You Need Talk. For the avoidance of doubt, All You Need Talk must be person to person use consistent with our estimate of reasonable use of this service (referencing standard and/or estimated customer profiles). We may take action if we consider use to be in breach of the Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Pay Monthly Terms and Conditions and is published by us at 2degreesmobile.co.nz/fairusepolicy.

All You Need Text

30. You will be charged a 0 cents per text rate for all text messages sent to any standard mobile in New Zealand on each Billing Date for the term of a Standard Business Plan provided you pay the applicable Plan Charge.
31. All You Need Text cannot be used for MMS or texts to premium rate numbers.
32. Our Fair Use Policy applies to All You Need Text. For the avoidance of doubt, All You Need Text is only available for national person to person use consistent with our estimate of reasonable use of this service (referencing standard and/or estimated customer profiles). We may take action if we consider use to be in breach of the Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Pay Monthly Terms and Conditions and is published by us at 2degreesmobile.co.nz/fairusepolicy.

National Data

33. National Data will be allocated to a 2degrees Business Plan (as applicable) under your Business Account on your Billing Date and unless stated otherwise is valid for one month, expiring on your next Billing Date. National Data can only be used in New Zealand.
34. If a Team Members consumes all the National Data available under their Standard Business Plan in any Billing month they will be required to purchase a Data Value Pack to be able to continue using data services until a new allocation of National Data is made under the Standard Business Plan on your next Billing Date. You will be charged for any Data Value Pack purchased by a Team Member under their applicable Plan.
35. National Data usage per session is rounded up to the nearest 5.12KB increment. Minimum data usage per session of 20.48KB applies.

Business Bonus

36. The Business Bonus is available to customers who sign up to a 12 month or 24 month 2degrees Business Plan. The Business Bonus is not available to customers who sign up to a month to month 2degrees Business Plan. The value of the Business Bonus is set out in clause 19 above. The Business Bonus will only apply to activation of any new 2degrees Business Plan under a Business Account.
37. The Business Bonus can be redeemed as a discount on the price of a handset at a 2degrees store or retailer at the time you sign up to a 12 month or 24 month 2degrees Business Plan.
38. If the value of your Business Bonus is greater than the price of your chosen handset, or you decide not to purchase a handset, then you may be issued a store voucher for the amount of your remaining Business Bonus entitlement.
39. The store voucher is redeemable on any item offered for sale in the store at which signed you up to the 2degrees Business Plan.
40. Store vouchers will be subject to the terms and conditions applied by the store that issued the store voucher to you. Refer to the store voucher or contact the store for further information.
41. The Business Bonus is not available in conjunction with any other handset subsidy offered.

Free Calling Group

42. Free Calling Groups only apply to Standard Business Plans.
43. Each of Team Members will be entitled to zero rated calling between the Team (“Free Calling Group”). Zero rated calling in the Fee Calling Group will only apply where calls are made from a Team Member’s Mobile Phone Number associated with the Business Account to another Team Member’s Mobile Phone number associated with the same Business Account.
44. Notwithstanding clause 43 above, you acknowledge that the following call types are not eligible for zero rated calling within the Free Calling Group and will incur our standard Charges:
    1. Roaming (zero rated calling will not apply if Team Member is roaming outside of New Zealand, or calling a Team Member that is located outside of New Zealand).
    2. Voicemail (except for the Business $99.95, $149.95 and $179.95 Plans where Anyone Minutes may be used to make calls to voicemail).
    3. 0800 and 0508 freecall numbers.
    4. 0900 and 018 numbers.
    5. Text messages (SMS and MMS messages sent between Team Members are charged at the rate applicable to each Team Member’s Plan).
45. We may suspend or bar your Team Members from making zero rated calls within the Free Calling Group if you have any outstanding Charges or any other overdue payment in respect of your Business Account.
46. Our Fair Use Policy applies to all calls between Team Members in the Free Calling Group. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Pay Monthly Terms and Conditions and is published by us at www.2degreesmobile.co.nz.

Frequently Called Numbers

47. Subject to our approval, you may nominate frequently called numbers (“FCNs”) being a standard New Zealand landline and/or 2degrees number connected to the 2degrees Network. FCNs only apply to Standard Business Plans.
48. You and your Team will receive zero-rated calling when any of your Team call a FCN whilst in New Zealand. Calls to the FCNs whilst outside of New Zealand will incur additional charges.
49. There is a monthly charge of $10 (incl GST) for each FCN nominated by you.
50. You can change your FCNs once a month free of charge, simply by free calling 200 from your mobile. Further changes may incur fees.
51. Mobile numbers connected to another Mobile Telecommunications Provider cannot be an FCN. If a mobile FCN ports off the 2degrees Network, the number will be removed from your FCN list and all subsequent calls to that number will be charged at the standard rate applicable to each Team Member’s Plan. We will do our best to notify you of this change. We will not be liable to you if you do not receive any such notification.
52. We may suspend or bar your Team Members from making zero rated calls to the FCNs if you have any outstanding Charges or any other overdue payment in respect of your Business Account.
53. Our Fair Use Policy applies to all calls from Team Members to FCNs. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Pay Monthly Terms and Conditions and is published by us at www.2degreesmobile.co.nz.

Termination of a Team Member or your Business Account

54. You may request a Team Member to be terminated from your Business Account at any time. We will disconnect the Team Member from the Services and remove them from your Business Account on the Billing Date following your request. If your request is made on your Billing Date, the Team Member will be removed on the following Billing Date.
55. Termination of your Team Member will result in a termination of their connection to a 2degrees Business Plan and you will be liable to pay us all Charges (including any early termination charges) in respect of that Team Member’s 2degrees Business Plan up to the Billing Date on which the Team Member is terminated from your Business Account.
56. You will be required to pay us an early termination charge in respect of the Team Member you wish to terminate from your Business Account where that Team Member is connected to a 12 month or 24 month 2degrees Business Plan and the termination of their connection to that 2degeres Business Plan takes place prior to the expiry that term.
57. Where a Team Member transfers from a 2degrees Business Plan to a Pay Monthly or Prepay Account, or such other Plan or Service made available by 2degrees from time to time, that will be deemed termination of that Team Member’s 2degrees Business Plan and you will be required to pay early termination charges respect of that Team Member where the termination occurs prior to the expiry of any fixed term.
58. You may not request that your Account Holder be terminated from your Business Account without first appointing a new Account Holder.
59. If the Account Holder is the only Team Member remaining on your Business Account and your Business Account is inactive for reasonable period of time (as determined by us) we may terminate your Business Account by terminating the Account Holder’s connection to the Services. The termination of your 2degrees Account will occur on the next Billing Date and you will receive a final Bill on your final Billing Date covering the Charges (including any early termination charges) incurred up to your final Billing Date. You remain liable to pay us all Charges incurred up to your final Billing Date.
60. We may terminate a Team Member connection from your Business Account at any time in accordance with the Pay Monthly Terms and Conditions. If the Team Member’s connection that we intend to terminate from your Business Account is the Account Holder, you will be required to immediately appoint a new Account Holder to your Business Account.
61. We may require you to pay early termination charges where we terminate any Team Member’s connection under your Business Account in accordance with clauses 59 and 60 above.
62. The amount of the early termination charges that you will be required to pay in in accordance with these terms and conditions will be published by us on our website from time to time. If there is any inconsistency between any specific terms published in respect of early termination charges and these terms and conditions, the specific terms and conditions will take precedence.
63. You are not able to change the term of a Standard Business Plan and you are not able to re-sign a Standard Business Plan on to a new term. Change of term and re-sign of a Business Mobile Broadband Plan is subject to any specific terms and conditions published by us at www.2degreesmobile.co.nz with respect to Business Mobile Broadband Plans.
64. Termination of a Team Member’s connection to a 2degrees Business Plan, or termination of your Business Account, will result in you losing all your unused Plan Benefits as well as any other Service benefits and any bonus rewards associated with the terminated 2degrees Business Plan and/or your Business Account.

Completion of a 12 month or 24 month term Standard Business Plan

65. On completion of the 12 month or 24 month term of Standard Business Plan under your Business Account, the Standard Business Plan will continue on a month to month term until the Standard Business Plan is terminated by you or us in accordance with these terms and conditions, or you transfer the Standard Business Plan to another Plan or Service made available by 2degrees. For the avoidance of doubt, you will not be able to re-sign your Standard Business Plan to new term.

Terminating a Team Member’s month to month Plan

66. If you have a Team Member on a month to month 2degrees Business Plan, you can terminate that Team Member’s 2degrees Business Plan at any time prior to your next Billing Date by calling Customer Care on 200.
67. The termination of the Team Member’s connection to the 2degrees Business Plan will be effective on your next Billing Date. If your request for termination is made on your Billing Date, the Team Member’s 2degrees Business Plan will terminate on the following Billing Date. You will receive a final Bill on your final Billing Date covering your Team Member’s final month Plan Charges and any other Charges incurred up to your final Billing Date and you will be liable to pay those amounts to 2degrees.
68. On termination of a month to month 2degrees Business Plan you will lose all unused Plan Benefits and any bonus rewards or other benefits associated with that 2degrees Business Plan.

Transferring your Plan

69. You are not able to transfer one Standard Business Plan to another Standard Business Plan.
70. You may be able to transfer a Standard Business Plan to another Plan or Service made available by 2degrees under your Business Account and you may be liable to pay Plan transfer charges for such a transfer in accordance with any terms and conditions published by us on our website at www.2degreesmobile.co.nz.
71. The transfer of a Business Mobile Broadband Plan to another Business Mobile Broadband Plan or any other Plan or Service under your Business Account will be in accordance with any specific terms and conditions published by us at www.2degreesmobile.co.nz.
72. Any transfer of a 2degrees Business Plan to a new Plan or Service under your Business Account will be effective on your next Billing Date, and any Plan transfer charge will be shown in the Bill received following the date of your successful transfer to your new Plan or Service.
73. We may refuse to transfer of a 2degrees Business Plan to a new Plan or Service under your Business Account if you have not paid all of the outstanding Charges relating to your Business Account.
74. If you transfer a 2degrees Business Plan to another Plan or Service made available by 2degrees under your Business Account you will lose all unused Plan Benefits and any bonus rewards or other benefits associated with that 2degrees Business Plan.

Porting

75. The terms and conditions set out at clauses 76 to 82 apply where you are requesting any numbers be ported from another network provider into your Business Account.
76. By requesting that a number be ported to your Business Account, you confirm that you have the authority to request the porting of the number(s) and, where a number is not owned by the Business Account Owner, you confirm that you have the relevant consent from the individual who has rights to that number to request the porting of that number.
77. You agree that you have informed any individuals who wish to port their number into the Business Account that, by porting their number, they relinquish all rights to that number. If they wish to port their number out of the Business Account, they will need to obtain the authorisation from the Business Account Owner.
78. You agree that you have also procured from each individual their authority for 2degrees to collect, disclose and use their personal information in accordance with the 2degrees Privacy Policy and the Pay Monthly Terms and Conditions.
79. You further agree that 2degrees may collect information about the Business Account Owner and the way in which the Business Account Owner uses the Services and consent to 2degrees using such information in accordance with the 2degrees Privacy Policy and the Pay Monthly Terms and Conditions.
80. You understand that:
    1. you are porting the requested number(s) from the existing provider(s) to 2degrees.
    2. Team Members must use a GSM compatible handset to receive Services from 2degrees.
    3. by porting the requested number(s) to 2degrees the current services to those number(s) will be disconnected and the account(s) with the existing provider(s) may be finalised.
    4. you may continue to have outstanding obligations to the existing provider(s). It is your responsibility to check the terms and conditions of the contract(s) with the existing provider(s), in relation to the number(s) you wish to port, to find out if there are any outstanding obligations to the provider(s) and to discharge such obligations.
    5. porting the number(s) could incur additional costs or obligations to my existing provider, including early termination fees and/or porting fees.
    6. after porting the number(s) to 2degrees some of the services you currently receive may not be supported by 2degrees, or may be accessed in a different way.
81. You further agree that:
    1. If you change your request to port any number at any time it may affect the date the port is completed.
    2. Once the number porting process has started it must be completed.
    3. If you want to make any changes to part, or all, of your original port request after the porting process has begun, a new port request is required.
    4. 2degrees is not obliged to accept the porting request.
    5. 2degrees will supply relevant information about Team Members to the existing provider(s) in the porting number process.
    6. The information provided by you in relation to the porting request may be used for the delivery of services, fault management and handling any complaints you make. The information may also be provided to emergency services and as lawfully required by law enforcement agencies.
    7. 2degrees will not be liable for any loss or damage (direct or indirect) resulting from failure or delay in the porting process.
    8. After you have ported the number(s) requested, any Prepay credit balances with the existing provider may be lost.
82. You authorise 2degrees to port the number(s) requested from the existing provider to 2degrees.

Value Packs

83. Your Team Members can purchase Value Packs on any 2degrees Business Plan in accordance with the specific terms and conditions relating to those Value Packs as published by 2degrees from time to time on its website at www.2degreesmobile.co.nz. You will be responsible for any applicable Value Pack Charges.
84. Any Value Packs purchased by any Team Member will commence on the date of purchase. Value Pack Charges will be included in your next Bill, and subsequent Bills where the Value Pack is recurring, from commencement until you or your Team Member end the Value Pack.

General

85. Unless provided otherwise by the terms of a 2degrees Business Plan, all Services are charged at our standard rates.
86. Each Team Member’s oldest voice and text benefits (whether Plan Benefits or Value Pack Benefits) will be used first.
87. Your Team Member’s Plan Charges and Plan Benefits will be pro-rated from the date of Activation of your Business Account until your first Billing Date.
88. Because we charge for Services after you use them (in arrears) you will receive a final Bill on your final Billing Date covering your final month of Plan Charges and all other Charges incurred up to your final Billing Date.
89. You will remain liable for all Charges incurred up to the date we end your Business Account with us.
90. We may refuse to switch a Team Member under your Business Account to a Prepay Account if you have not paid all outstanding Charges relating to that Team Member.
91. You will be able to view your Business Account usage and Bills for 3 months after you end your agreement with us by entering your email address (rather than your Mobile Number) together with your password in the Your 2degrees login screen.
92. Plan Benefits cannot be transferred to any other person or to another account you (or any other person) may have with us.
93. We may change these terms and conditions from time to time. If we do this we will publish the amended terms and conditions on www.2degreesmobile.co.nz. Please check www.2degreesmobile.co.nz regularly as continuing to use the Services after changes have been published will mean that you agree to these terms and conditions as amended.