2degrees Broadband Terms and Conditions – Prior to 15 July 2015

Note: These terms and conditions apply to you if you signed up to our services prior to 28 July 2015.

If you are a customer of Two Degrees New Zealand Limited (formerly Snap Limited) (2degrees) consuming our Retail @Home and @Work services then these standard terms and conditions apply to the use of those services. Additional terms may apply to some of our services. We will tell you 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. By accepting provision of our services you acknowledge you have agreed to these standard terms and conditions.

About our services

1. We are not obliged to provide services unless we accept your service application. We have the right to decide to provide service, or not to accept any application for service.
2. 2degrees will use all reasonable efforts to ensure that the services are reliable and available at all times, and will use skill and care in doing so. However, because we rely on networks and equipment which we do not control, 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 service as soon as possible. If there is a problem with your service, please call our support centre on 0800 022 022.
3. While we take all reasonable security precautions, the nature of telecommunications services mean that we cannot guarantee the confidentiality of any calls or transmissions you make using our services.
4. We will be responsible for determining the manner in which the services are to be provided.
5. We may vary the service(s) from time to time, or decide to stop providing a particular service. We will notify you with at least 30 days’ notice prior to making the variation and will tell you about any substitute service we have available. Where the substitute service is inferior to the provided service, the Customer may terminate the Agreement through one month written notice.

Using our services

1. You must not use or permit our services to be used in any way, which;
   • Breaks any law; or
   • Infringes anyone's rights; or
   • Is malicious, obscene or offensive; or
   • Damages either the 2degrees network or that of any other operator.
2. 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. If we request, you must change your password or PIN in a timely manner.
3. You must comply with any reasonable restrictions we impose or directions we give regarding the use of our services.
4. You must ensure that all information you provide us is correct. If any information you have supplied to us changes, you must provide us with updated information as soon as possible.
5. You must notify us if you wish to terminate your Agreement or service(s).
6. You must not resell the service(s) to others without the express written permission of an authorised 2degrees representative.
7. You must immediately report any misuse of your services or disclosure of your account information.

Use of information and confidentiality

1. You authorise us to collect, retain and use any information about you and/or the property which is the subject of the service(s) for the purposes of providing service(s) in the terms of this Agreement. 2degrees may also use the information we collect about you to obtain information about you from Credit Reporting Agencies for the purpose of credit checking where this may be required to provide services to you. You agree to us disclosing information about you to Credit Reporting Agencies for collection purposes.
2. You may decide whether to provide us any information. If you do not provide required information, we may not be able to provide the services to you.
3. Where you are a natural person, the authority under clause 4.1 is an authority or consent for the purposes of the Privacy Act 1993.
4. We may record or monitor calls between us to verify information and for staff training purposes.
5. You are entirely responsible for the confidentiality of any password(s) associated with your account(s). Furthermore, you are entirely responsible for any and all activities which occur under your account.
6. You agree that all intellectual property rights in the service(s) and any improvements or changes made by 2degrees to any service(s) belong to 2degrees.

Charges and payment

1. You must pay our charges for the services we provide to you, regardless of whether you or someone else uses these services.
2. We will invoice you monthly for services we provide. Fixed charges are payable in advance. Usage-based charges (such as toll calls and excess broadband data) are payable in arrears.
3. Any monthly usage rights that remain unused at the end of any given month may not be carried over to later months or have any monetary value or credit ascribed to them.
4. You must pay each invoice by the due date advised on the invoice. You may not withhold money you believe you do not owe us nor offset sums that we owe you.
5. If you do not pay a bill by the due date, we may suspend or restrict services until all due payments are made, may bill a $15 late penalty fee, or may terminate the services.
6. Network charges will still apply during the period of any suspension.
7. We may, at our discretion, impose a credit limit on your account.
8. If you breach any term of this agreement and we incur costs as a result, you must pay those costs on demand.
9. Any expenses, disbursements and legal costs incurred by us in the enforcement of any rights contained in this Agreement shall be paid by the Customer, including any reasonable legal fees or debt collection agency fees.
10. We will use your selected method of payment when invoices are due.
11. We require either a Direct Debit form or Credit Card for all accounts.
12. Any requests for refunds will be reviewed by our team, and issued at our discretion. If your refund request is accepted, it will be processed within 30 days and refunded via your bank account or credit card. If your request for a refund is declined, we will advise you in writing within 10 working days. In considering your request we will act reasonably, taking into account all factors which we you have brought to our attention in writing and which we consider are material and relevant on an objective basis, and any other factors we consider relevant.

Internet services

This section applies if we provide Internet (Broadband) services to you.

1. You are responsible for downloading to your computer any e-mail that you wish to keep. We may, without notice to you, remove any e-mail that remains on our servers for more than 90 days.
2. You must not knowingly transmit any worms or viruses or use our service in a manner which is likely to damage or compromise the security of either the network of 2degrees or that of any other party.
3. You must use our service in a reasonable and responsible manner and in accordance with established "netiquette".
4. 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 download via the Internet.
5. If you use our virus filter then you acknowledge that the service works by endeavouring to prevent our mail servers from forwarding contaminated e-mails to the recipient. However, we cannot guarantee that the service will prevent all viruses from being forwarded.
6. Any static IP addresses provided for use by the Customer under this Agreement remain the property of 2degrees.
7. Any reference to plan speeds refer to the theoretical maximum speed possible – actual speed depends on a variety of environmental factors that may be outside 2degrees’ control.

Moving address

1. If you move address within your contract period to an area where the same or better service (ADSL < VDSL < UFB) is available and selected by you, then no additional charges apply.
2. If you move address within your contract period to an area where the same or better service (ADSL < VDSL < UFB) is available and not selected by you, then an additional charge of 1 x new monthly base fee will apply.
3. If you move address with your contract period to an area where the same or better service (ADSL < VDSL < UFB) is not available, then no additional charges apply.
4. If you move address within your contract period more than one time within a rolling 12 month period, then an additional fee of $50 will apply.
5. If you move address within your contract period to an address that we are unable to provide services to, then the relevant Early Termination Fee will apply.
6. If you move address and you are not currently in a contract term, providing you commit to a new term of at least 12 months then no additional “moving address” charges apply. If you choose not to commit to a new term then an additional fee of $50 will apply. Other costs may apply, for example if there is no existing service at your place, or we need to get a technician involved.

Changing plans

1. If you wish to upgrade your Plan or Service Type whilst in a contract term (e.g. ADSL Broadband Only 50GB -> ADSL Broadband Only 150GB, or ADSL Broadband & Phone 50GB -> Lightwave Home 80GB) this can be done at the end of the current billing cycle with no additional charge.

2. If you wish to downgrade your Plan or Service Type whilst in a contract term (e.g. ADSL Broadband Only 150GB -> ADSL Broadband Only 50GB, or Lightwave Home 80GB -> ADSL Broadband & Phone 50GB) this can be done at the end of the current billing cycle and an additional charge of 1 x monthly base charge of the new service will apply.

3. If you wish to upgrade or downgrade your Plan or Service Type and you’re not currently in a contract term, this can be done at the end of the current billing cycle with no additional charge.

Fibre services

This section applies if we provide Fibre (UFB) Broadband services to you

General

1. You consent to 2degrees sharing information about you with the Local Fibre Provider (LFC) – Chorus, Enable, UltraFast Fibre, and Northpower to the extent necessary for the provision of the 2degrees Fibre Services to you. No right or benefit is conferred on you by the LFC.

2. In accepting the 2degrees Fibre Services, you agree to be bound by the LFC (End User) Terms as set out on the LFC’s website from time to time.

www.chorus.co.nz 
www.enable.net.nz 
www.ultrafast.co.nz 
www.northpowerfibre.co.nz

3. You hereby consent to allow 2degrees and its contractors to access your premises in order to construct, install, inspect, maintain or replace any equipment installed at your premises for the provision of the 2degrees Fibre Service and you will ensure that 2degrees and its contractors have safe access to your premises for these purposes.

Installation

4. You warrant that you own the premises where the 2degrees Fibre Services will be installed and will be liable for any loss suffered by 2degrees if you do not own such premises. If you are not the owner of the premises, you must obtain the owner’s consent for the 2degrees Fibre Service to be installed. You agree that the installation of the 2degrees Fibre Service at your premises is on the basis of the request that you have made to us and that we have relied upon your authority to make this request.
5. You are liable for all installation costs in relation to the 2degrees UFB Services at your premises. Installation costs will be set out on your first 2degrees Fibre Services invoice. If Fibre Services have already been installed at your premises, you may be liable for set up charges for connection of 2degrees Fibre Services to premises.
6. Installation of 2degrees Fibre Services at your premises may require trench excavation. Restoration by 2degrees or its contractors of such excavation will be limited to grass restoration only. You will be responsible for any further restoration and the costs associated with such further restoration. This means that the cost of restoration of any paved, concreted, cobbled areas etc. will need to be met by you.
7. You must be present at your premises during the installation of your 2degrees Fibre Service. Installation will take place during the week i.e. Monday – Friday only.

Availability of Service

8. The 2degrees Fibre Service is only available in locations which are sites enabled by your LFC, and where 2degrees have the required Handover connections in place to the LFC. You acknowledge that you may not be able to receive the 2degrees UFB Services at your location.

Monitored devices and other services

9. If you rely on a Medic Alert or other similar monitored device, or a monitored alarm system and your provider for these services cannot guarantee their compatibility with a fibre-based service, you should not sign up for a 2degrees Fibre Service. 2degrees will not be liable to you in relation to the foregoing.

Existing service providers and copper wiring

10. If you are with another service provider and you wish to have your phone number ported to a 2degrees Fibre Service you must not cancel the services with your existing service provider prior to your connection to 2degrees. If you do this, 2degrees cannot guarantee that your number will be available on the 2degrees Fibre Service.
11. Once your 2degrees Fibre Service is connected, it is your responsibility to contract your previous service provider(s) to ensure that your previous services are cancelled and to avoid being billed for such services.
12. The copper wiring to your premises may be removed upon completion of the installation of your 2degrees Fibre Services and cannot be reinstalled. If the copper wiring is removed ONLY fibre services will be available at your premises.

Equipment

13. You agree that you will not damage or tamper with any 2degrees and/or LFC devices provided at your premises for the delivery of the 2degrees Fibre Services and you will follow 2degrees’ instructions in relation to all such devices.
14. All equipment provided by the LFC in order to use the 2degrees Fibre Service will remain the property of the LFC.

Phone numbers

This section applies if we provide telephone services to you.

1. The phone numbers that you are assigned remain the property of 2degrees and do not become the property of the customer.
2. We may need to change your phone number from time to time, if so, we will give as much notice as possible. We will not be liable for any costs which you or anyone else may incur as a result of such a change.
3. You will advise 2degrees if you wish your phone number(s) to appear in the Telecom White Pages directory. If you do not instruct us to publish your phone number in the directory, it will not appear.
4. You agree that no member of the Telecom group of companies (or their officers, employees, contractors or agents) has any liability to you in connection with the directory assistance service or your phone book listing.

Supply of equipment

This section applies if we provide equipment to you in connection with the provision of services.

1. We will ensure that the equipment provided will be of a suitable quality and will be fit for the purpose for which it is provided and will determine the specific make and model of the equipment.
2. Where we dispatch equipment to you, a delivery charge may apply.
3. You acknowledge we have supplied to you any equipment specified in your application form.
4. If we supply you with equipment and you terminate within a minimum term period, Early Termination Charges may apply.  See under the “Cancellation” section of these terms.
5. If we supply equipment to you and, for any reason, we cannot supply service, equipment must be returned to us in its original condition, including packaging and all accessories. If it is not returned in original condition, this may affect any refunds due, or incur a restocking fee.

Consumer Guarantees Act.

1. You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993.  If you are in trade and you are acquiring the services and/or equipment in trade then you agree that the provisions of the Consumer Guarantees Act 1993 do not apply.

Liability

1. Subject to the section “Consumer Guarantees Act” and clauses 5 and 6 below, and except as expressly set out in these terms, 2degrees excludes any liability of any kind (whether in contract, tort (including negligence), equity or otherwise) to you or anyone claiming through you, relating to loss of profits or revenue, interception of data or unauthorised access to your information, loss or corruption of data, lost business or missed opportunities, wasted expenditure or savings you may have had, or any form of indirect or consequential loss whatsoever arising from your use of the equipment or services.
2. Subject to the section “Consumer Guarantees Act” and clauses 5 and 6 below, we exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you) in the following circumstances:

• If any of our services are not available at any time or are faulty
• For any delay in commencing the provision of services
• If any software or equipment we supply does not operate correctly
• For any error in any directory listing which we arrange
• If your computer, or computers, become affected by any virus or worm.

3. We are not liable to you for any fault in or non-provision of services caused by an event beyond our reasonable control.
4. 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. You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
5. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.
6. For the avoidance of doubt clauses 1, 2, 4, and 5, above, set limits and exclusions on our liability for failing to meet our obligation to provide equipment and/or services to you in accordance with our contract and these terms and conditions but do not relieve us of our obligation to do so. Clause 3 above does relieve us of that obligation in the circumstances specified. If you consider that we have failed to fulfil our obligations then you can request a refund (see the section “Charges and Payment” which will apply to such a request).

Cancellation

1. 2degrees' Retail services are offered with 3 term options, open term, 12 month term, and 24 month term. Different early termination charges apply depending on which term option you select.

• Open Term Contracts – No early termination charges apply for services where Open Term was selected as the contract term. You can terminate an Open Term service by advising us either in writing (support@2degreesbroadband.co.nz) or by calling us on 0800 022 022
• 12 Month Contracts – If you have selected 12 month term as the contract term, and you cancel within this period (as calculated from the date the billing commenced) then you will be required to pay an early termination fee of $199. If you are using an @Work plan then this charge is exclusive of GST.
• 24 month contracts – If you have selected 24 month term as the contract term, and you cancel within the first 12 months (as calculated from the date the billing commenced) then you will be required to pay an early termination fee of $499. If you are using an @Work plan then this charge is exclusive of GST. If you cancel within the second 12 month period (as calculated from the date the billing commenced) then you will be required to pay an early termination fee of $299. If you are using an @Work plan then this charge is exclusive of GST.

The early termination charges reflects that equipment (such as for example a modem) typically supplied as part of a service package is usually supplied on a cross subsidised basis where the cost of the equipment is recouped through the charges applicable over the term of the contract (or through early termination charges if the contract is terminated early).

2. You can terminate your service by advising us either in writing (support@2degreesbroadband.co.nz) or by calling us on 0800 022 022.
3. We can terminate the provision of any service to you with 30 days written notice if a third party service provider or carrier does anything that prevents us from supplying that service to you on a commercially viable basis.
4. We can terminate this agreement, or the provision of any service to you immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us or you fail to meet our credit criteria.
5. If this agreement is terminated for any reason you must still pay us for services provided to you up to the date of termination. If you have prepaid for a service, no refund is payable to you on termination unless we agree otherwise.

Warranties

1. No representation, condition, warranty or promise expressed or implied by law or otherwise applies to services except where expressly stated in this agreement.
2. 2degrees will pass on to the customer the benefit of any warranty given by its suppliers or a third party such as the manufacturer where the goods are manufactured or supplied by a third party other than 2degrees.

New Zealand Law Applies

1. Our services are provided under New Zealand Law. If you want to bring a claim against us you must do so in a New Zealand Court.

 Force Majeure

1. Neither party is liable to the other for failing to meet their obligations under this agreement except as specified in clause (next clause) to the extent that the failure was caused by an Act of God or other circumstance beyond its reasonable control. However, where a party has been unable to perform its obligations for a period of 60 days or more, the other party may give notice in writing to the first party.
2. Nothing in clause 1 (the above clause) shall excuse the Customer from any obligation to make payments of sums owing to 2degrees while those sums are due and owing to 2degrees under this agreement.

Changing the terms and conditions

1. We may change these terms at any time by giving you 30 days’ notice. We will inform you of any change by emailing or writing to you, by putting a notice in major daily newspapers or by providing relevant information on our website.
2. If you are on a 12 month term or 24 month term and you consider that the change to these terms is materially detrimental to you on an objective basis, you may request us to advise whether we will waive or reduce early termination charges if you terminate early because of the changes to these terms. You can make this request by writing to support@2degreesbroadband.co.nz.
3. We will consider your request and advise you whether we will waive or reduce early termination charges and the amount of any reduced early termination charge. Any waiver or reduction will only apply if you terminate your service within one month of our advice to you.
4. When considering your request we will take into account whether the change to these terms is materially detrimental on an objective basis and whether the change is a result of a legitimate need to accommodate market developments.

Notice

1. If you wish to notify us of anything you can do so by writing to us at PO Box 8540, Riccarton, Christchurch or by calling us on 0800 022 022. We may require you to confirm in writing any advice you give us by phone.
2. If we wish to communicate with you or notify you of anything we can do so by post, phone, or e-mail to the last known address or number we have for you.
3. Any notice delivered personally or sent by e-mail after 5.00pm on a working day or any day that is not a working day will be deemed to have been received on the next working day.
4. If your contact details change you must advise us of the new details as soon as possible.

Entire agreement, variation and non-waiver

1. This agreement contains all of the terms, representations and warranties made between 2degrees and the Customer and supersedes all prior discussions and agreements covering the subject matter of this agreement.
2. No variation or waver of any provision of this Agreement shall be recognised or binding on 2degrees unless it is in writing and signed by an authorised representative of 2degrees.
3. Failure or delay by 2degrees to enforce any of the terms and conditions contained within this agreement shall not be deemed to be a waiver of any of the rights or obligations 2degrees has under this agreement.
4. If any provision of this agreement shall be invalid, void, illegal, or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
5. The customer shall not assign all or any of its rights or obligations under this Agreement without the written consent of 2degrees. 2degrees reserves the right to transfer our rights and obligations under this Agreement to anyone else. We will notify you if we do so. The transfer of our obligations under this agreement to anyone does not relieve us of our liability to you but our obligations may be fulfilled for us by any person to whom we have transferred our rights and obligations.