Retired NZ Carryover Data Plans (16 February 2015) Terms and Conditions

These terms and conditions apply to you if you have signed up to an NZ Carryover Data Plan on a 24 month term before 16 February 2015.

1. These terms and conditions apply in addition to our Pay Monthly Terms and Conditions and any other specific terms and conditions applying to your Plan or Account with 2degrees.
2. In the case of inconsistency with these terms and the Pay Monthly Terms and Conditions, these terms will prevail. Unless stated otherwise, capitalised terms used in these NZ Carryover Data Plan Terms and Conditions shall have the meaning given to them in the Pay Monthly Terms and Conditions, and reference to:

   “NZ Carryover Data Plan” means a Plan described in clause 5 of these terms.

3.  The rates and conditions below apply when you use your Mobile Phone (or other device) in New Zealand only and have subscribed to a NZ Carryover Data Plan.
4. All rates are inclusive of GST.
5. Subject to these terms, you may sign up to the following NZ Carryover Data Plans on a  24 month term or a Freedom Term (a month to month/no term):

NZ Data

7. NZ Data is allocated on your Billing Date and can only be used in New Zealand.
8. The NZ Data allocation under a NZ Carryover Data Plan will be pro-rated up to the Billing Date following activation of that NZ Carryover Data Plan, and thereafter will be allocated on each Billing Date.
9. If you do not use your full allocation of NZ Data during your Billing month, your unused NZ Data for that Billing month will be carried over to the following Billing month. For the purposes of these terms and conditions, this carry over NZ Data is referred to as “Carryover Data”. Carryover Data (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 this NZ Data was first allocated to you. During any Billing month, your Carryover Data (if any) will always be used before the NZ Data allocation for that Billing month.
10. If you consume all the NZ Data available under your NZ Carryover Data Plan in any Billing month you must purchase a Data Value Pack to continue using data services until a new allocation of NZ Data is made under your NZ Carryover Data Plan on your next Billing Date.  You will be charged for any Data Value Pack purchased by you in accordance with the terms of that Value Pack.
11. Data usage per session is rounded up to the nearest 5.12KB increment. Minimum data usage per session of 51.2KB applies for all NZ Carryover Data Plans.

Plan Bonus

12. If you signed up to a 24 month term NZ Carryover Data Plan you may have received a discount on the price of a device at a 2degrees store, a 2degrees retailer or the 2degrees Online Shop (Plan Bonus). For the avoidance of doubt, a Plan Bonus will not be available on Freedom Term NZ Carryover Data Plan.
13. The amount of the Plan Bonus available under a 24 month term NZ Carryover Data Plan is at all times subject to 2degrees’ discretion and may be published on our website from time to time.
14. The Plan Bonus is not available in conjunction with any other mobile subsidy offered.

Early termination of your fixed term NZ Carryover Data Plan

15. You will be required to pay early termination charges if you terminate your fixed term NZ Carryover Data Plan prior to the expiry of your term. For the avoidance of doubt, reference to “fixed term” includes a 24 month term.
16. You may also be required to pay early termination charges where we terminate your fixed term NZ Carryover Data Plan in accordance with our standard Pay Monthly Terms and Conditions.
17. The amount of the early termination charges that you will be required to pay in accordance with these terms and conditions will be published by us on our website from time to time. See our Retired NZ Carryover Data Plan ETCs and PTCs  for more information. 
18. You will not be able to re-sign on to new fixed term on your NZ Carryover Data Plan once your current term ends.
19. The termination of your NZ Carryover Data Plan will be effective on your next Billing Date. If your request for termination is made on your Billing Date, your NZ Carryover Data Plan will terminate on the following Billing Date. You will be liable for all charges due on your Plan up to the date of termination of your Plan.

Terminating your month to month NZ Carryover Data Plan

20. If you are on a Freedom Term (or month to month) NZ Carryover Data Plan customer, you can terminate your NZ Carryover Data Plan at any time prior to your next Billing Date by calling Customer Care on 200.
21. The termination of your NZ Carryover Data Plan will be effective on your next Billing Date. If your request for termination is made on your Billing Date, your NZ Carryover Data Plan will terminate on the following Billing Date. You will receive a final Bill on your final Billing Date covering your final month Plan Charge and any other Charges incurred up to your final Billing Date and you are liable to pay those amounts to 2degrees.

Changing your NZ Carryover Data Plan

22. You cannot to change your fixed term NZ Carryover Data Plan to another fixed term NZ Carryover Data Plan or Retired Plan. If you change your fixed term NZ Carryover Data Plan to a Freedom Term NZ Carryover Data Plan, that will be deemed termination of your current NZ Carryover Data Plan and you will be required to pay early termination charges.

Transferring or switching to another Service or Plan

23. You may be able to transfer your NZ Carryover Data Plan to another Service, Plan or Account made available by 2degrees from time to time, subject to these terms and conditions and any other terms and conditions applicable to those Services, Plans or Accounts.
24. If we allow you to transfer your NZ Carryover Data Plan, then we may charge you for transferring your NZ Carryover Data Plan and the amount of that charge will be published by us on our website from time to time.
25. The transfer of your NZ Carryover Data Plan will be effective on your next Billing Date, and any transfer charge will be applied in the next applicable Bill received by you (if applicable).
26. We may refuse to transfer your NZ Carryover Data Plan if you have not paid all of the outstanding Charges relating to your NZ Carryover Data Plan.
27. If you transfer your NZ Carryover Data Plan in accordance with clause 27 you will lose all unused Plan Benefits, any bonus rewards or other benefits associated with your NZ Carryover Data Plan.

Value Packs

28. You may be able to purchase Value Packs in conjunction with your NZ Carryover Data Plan in accordance with the specific terms and conditions relating to those Value Packs as published by 2degrees on its website at www.2degreesmobile.co.nz. You will be responsible for any applicable Value Pack Charges.
29. 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.
30. If you terminate your NZ Carryover Data Plan and transfer to a Prepay Account you may lose all unused Value Pack benefits. On transferring to a Prepay Account, the Value Pack(s) will stop recurring. You will need to re-purchase the Value Pack(s) to your Prepay Account to continue to receive those Value Pack benefits.
31. If you transfer your NZ Carryover Data Plan to another Plan or Service offered by 2degrees from time to time you may lose all unused Value Pack benefits and your Value Pack(s) may terminate on the date of transfer to your new Plan or Service. 

General

32. Unless provided otherwise by the terms of a NZ Carryover Data Plan, all Services are charged at the standard rates set out in our Pay Monthly Standard Rates Terms and Conditions.
33. Subject to any Value Pack conditions, the data benefit of your Plan that expires first will be used first. 
34. Your Plan Charge and Plan Benefits will be pro-rated from the date of Activation of your NZ Carryover Data Plan until your first Billing Date. 
35. 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.  
36. You will remain liable for all Charges incurred up to the date we end your Account with us.
37. You will be able to view your Account usage and Bills for 3 months after you terminate your NZ Carryover Data Plan with us by entering your email address (rather than your Mobile Number) together with your password in the My 2degrees login screen.
38. Plan Benefits cannot be transferred to any other person or to another account you or any other person may have with us.
39. We may change the Plan Benefits under any NZ Carryover Data Plan, or 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 NZ Carryover Data Plan. We will not be liable to you if you do not receive any such notification. New Plan Benefits will be applied to your NZ Carryover Data Plan from the Billing Date following the effective date of change to the Plan Benefits.