Pay Monthly Plans (Retired) Terms and Conditions incl ETCs (pre 10 August 2012)

1. These specific terms and conditions apply to customers who have successfully joined a Pay Monthly Plan before 10 August 2012 and apply in addition to the 2degrees Pay Monthly Terms and Conditions.
2. Unless stated otherwise, capitalised terms used in these terms and conditions shall have the same meaning given to them in the Pay Monthly Terms and Conditions, and reference to:
    

   “All You Need Talk” has the meaning given in clause 12 of these terms and conditions;

   “All You Need Text” has the meaning given in clause 16 of these terms and conditions; and

   “Pay Monthly Plan” means a Plan described in clause 5 of these terms and conditions.

3. The rates and conditions below apply when you use your Mobile Phone (or other device) in New Zealand and have subscribed to a Pay Monthly Plan.
4. All rates are inclusive of GST.
5. Subject to these terms and conditions, you may sign up to the following Pay Monthly Plans on a month to month, 12 month or 24 month term:

Pay Monthly Plan	Plan Charge (per month, incl GST)	Plan Benefits			Pay Monthly Bonus
		Anyone Minutes (any-net minutes)	Texts (any-net texts)	National Data	12 month term	24 month term
Pay Monthly $29.95	$29.95	60	All You Need Text*	50MB	$45	$69
Pay Monthly $39.95	$39.95	120	All You Need Text*	100MB	$75	$110
Pay Monthly $59.95	$59.95	210	All You Need Text*	150MB	$100	$170
Pay Monthly $89.95	$89.95	360	All You Need Text*	250MB	$150	$220
Pay Monthly $129.95	$129.95	600	All You Need Text*	500MB	$200	$370
Pay Monthly $149.95	$149.95	All You Need Talk*	All You Need Text*	500MB	$200	$370
Pay Monthly $179.95	$179.95	All You Need Talk* + Landline minutes to 30 selected countries*	All You Need Text*	2GB	$400	$800

* Fair Use Policy applies. See below for conditions

Anyone Minutes

6. Unless otherwise stated in these terms and conditions, Anyone Minutes are only valid for voice calls to any standard landline or mobile in NZ.
7. Anyone Minutes are allocated on your Billing Date. If you do not use your full allocation of Anyone Minutes during your Billing month, your unused Anyone Minutes for that Billing month will be carried over to the following Billing month. For the purposes 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.
8. If you consume all of your Anyone Minutes while you 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 you are allocated further Anyone Minutes on your next Billing Date. Please see our Standard Rate Terms and Conditions for further information.
9. Anyone Minutes cannot be used to make calls to premium rate numbers (for example 0900, 018 or voicemail).
10. All calls are rounded up to the next whole minute.

All You Need Talk

11. If your Plan Benefit includes All You Need Talk then clause 12 to clause 15 apply to you.
12. You will be charged a 0 cent 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 Pay Monthly Plan provided you pay the applicable Plan Charge.
13. 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.
14. Notwithstanding clause 12 above, if you are a Pay Monthly $179.95 Plan customer you may also use your All You Need Talk 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.
15. Our Fair Use Policy applies to All You Need Talk. For the avoidance of doubt your use of 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 your 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

16. You will be charged a 0 cent per text for all text messages sent to any standard mobile in New Zealand on each Billing Date for the term of your Pay Monthly Plan provided you pay the applicable Plan Charge.
17. All You Need Text cannot be used for MMS or texts to premium rate numbers.
18. 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 your 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

19. National Data will be allocated on your Billing Date and is valid for one month, expiring on your next Billing Date.
20. If you consume all of your National Data in any month you will be charged our out of bundle standard rate of 50 cents per MB until you are allocated further National Data on your next Billing Date. Please see our Standard Rates Terms and Conditions for further information.
21. Data usage per session is rounded up to the nearest 5.12KB increment. Minimum data usage per session of 20.48KB applies.

Pay Monthly Bonus

22. The Pay Monthly Bonus is available to customers who sign up to a 12 month or 24 month Pay Monthly Plan. The Pay Monthly Bonus is not available to customers who sign up to a month to month Pay Monthly Plan. The value of the Pay Monthly Bonus is set out in paragraph 5 above.
23. The Pay Monthly 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 Pay Monthly Plan.
24. If the value of your applicable Pay Monthly Bonus is greater than the price of your chosen handset, or you decide not to purchase a handset, then you will be issued a store voucher for the amount of your remaining Pay Monthly Bonus entitlement.
25. The store voucher is redeemable on any item offered for sale in the store at which signed you up to the Pay Monthly Plan.
26. 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.
27. The Pay Monthly Bonus is not available in conjunction with any other mobile subsidy offered.

Early termination of your 12 month or 24 month Pay Monthly Plan

28. You will be required to pay early termination charges for terminating your 12 month or 24 month Pay Monthly Plan prior to the expiry of your term.

    You may also be required to pay early termination charges where we terminate your 12 month or 24 month Pay Monthly Plan in accordance with the Pay Monthly Terms and Conditions.

29. You are not able to change the term of your Pay Monthly Plan and you are not able to re-sign your Pay Monthly Plan to a new term.
30. The early termination charge is the amount calculated by multiplying your monthly Pay Monthly Plan charge by the number of months remaining on the term of your Pay Monthly Plan as at your final Billing Date, provided that:
    1. for the $29.95 , $39.95  and $59.95  Pay Monthly Plans the early termination charge shall not exceed $300;
    2. for the $89.95, $129.95,and $149.95 Pay Monthly Plans the early termination charge shall not exceed $500; and
    3. for the $179.95 Pay Monthly Plan the early termination charge shall not exceed $1000.

    For example, if you terminate your $29.95 Pay Monthly Plan in the third month of a 12 month term, your early termination charge will be $29.95 X 9 months = $269.55. If you terminate your $59.95 Pay Monthly Plan in the third month of a 12 month term, your early termination charge would have been $539.55 (being $59.95 x 9) but you will only pay the maximum amount of $300.

31. Early termination charges are not subject to GST.
32. If you decide to terminate your 12 month or 24 month Pay Monthly Plan early, the termination will be effective on the Billing Date following the date you request termination. If your request for termination is made on your Billing Date, your Pay Monthly Plan will terminate on the following Billing Date. You will receive a final Bill on your final Billing Date covering your final month Pay Monthly Plan charges, the early termination charge (if any) and any other Charges incurred up to your final Billing Date and you will be liable to pay those amounts to 2degrees.
33. On termination of your 12 month or 24 month Pay Monthly Plan you will lose all unused Plan Benefits and any bonus rewards or other benefits associated with your Pay Monthly Plan.

Completion of your 12 month or 24 month term Pay Monthly Plan

34. On completion of your 12 month or 24 month term, you will continue on your Pay Monthly Plan on a month to month term until your Pay Monthly Plan is terminated by you or us, or you transfer to another Plan or Service made available by 2degrees. For the avoidance of doubt, you will not be able to re-sign your Pay Monthly Plan to new term.

Terminating your month to month Pay Monthly Plan

35. If you are a month to month Pay Monthly Plan customer, you can terminate your Pay Monthly Plan at any time prior to your next Billing Date by calling Customer Care on 200.
36. The termination of your Pay Monthly Plan will be effective on your next Billing Date. If your request for termination or switch is made on your Billing Date, your Pay Monthly Plan will terminate on the following Billing Date. You will receive a final Bill on your final Billing Date covering your final month Pay Monthly Plan Charge and any other Charges incurred up to your final Billing Date and you will be liable to pay those amounts to 2degrees.
37. On termination of your month to month Pay Monthly Plan you will lose all unused Plan Benefits and any bonus rewards or other benefits associated with your Pay Monthly Plan.

Transferring your Pay Monthly Plan

38. You are not able to transfer your current Pay Monthly Plan to a new Pay Monthly Plan.
39. You may be able to transfer your current Pay Monthly Plan to another Plan or Service made available by 2degrees and you may be liable to pay Plan transfer charges for such a transfer in accordance with any terms and conditions published by 2degrees on its website at www.2degreesmobile.co.nz.
40. Any transfer of your Pay Monthly Plan to a new Plan or Service 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.
41. We may refuse to transfer of your Pay Monthly Plan to a new Plan or Service if you have not paid all of the outstanding Charges relating to your Account.
42. If you transfer your Pay Monthly Plan to another Plan or Service made available by 2degrees you will lose all unused Plan Benefits and any bonus rewards or other benefits associated with your Pay Monthly Plan.

Value Packs

43. You may purchase Value Packs on any Pay Monthly 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.
44. Any Value Packs you purchase 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 end the Value Pack.
45. If you terminate your Pay Monthly Plan and transfer to a Prepay Account all unused Value Pack benefits associated with your Pay Monthly Plan will be transferred to your Prepay Account and will expire on the same date/s they were scheduled to expire in accordance with the terms and conditions of that Value Pack. On switching to a Prepay Account, the transferred Value Pack(s) will stop recurring. You will need to re-purchase the Value Packs to your Prepay Account to continue to receive those Value Pack benefits.
46. If you transfer your Pay Monthly Plan to a Plan or Service under a Business Account you will lose all unused Value Pack benefits associated with your Pay Monthly Plan on the date of transfer.

General

47. Unless provided otherwise by the terms of a Pay Monthly Plan, all Services are charged at the standard rate applicable to Pay Monthly Plans and published on our website at www.2degreesmobile.co.nz.
48. Your oldest voice and text benefits (whether Plan Benefits or Value Pack Benefits) will be used first.
49. Your Plan Charge and Plan Benefits will be pro-rated from the date of Activation of your Pay Monthly Plan until your first Billing Date.
50. 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 Charge and all other Charges incurred up to your final Billing Date.
51. You will remain liable for all Charges incurred up to the date we end your Pay Monthly Account with us.
52. You will be able to view your Account usage and Bills for 3 months after you terminate your Pay Monthly Plan with us by entering your email address (rather than your Mobile Number) together with your password in the Your 2degrees login screen.
53. Plan Benefits cannot be transferred to any other person or to another account you or any other person may have with us.
54. We may change the Plan Benefits under a Pay Monthly Plan and these terms and conditions at any time at our discretion. We will do our best to notify you before we make any changes to the Plan Benefits applicable to your Pay Monthly Plan. We will not liable to you if you do not receive any such notification. New Plan Benefits will be applied to your Pay Monthly Plan from the Billing Date following the effective date of change to the Plan Benefits.
55. You may only have one Pay Monthly Plan associated with your Account at any time.