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Your Plan
No Plan, no term
Text messaging: 20c to any NZ network (person to person)
Photo messages: 20c to Telecom mobiles, 50c to any other network
Internet on your mobile: If no Data Extra selected: $1.00 per day casual rate for up to 10MB, $1.00 per additional MB.
Data Extras additional MB 50c each
Voice mail: 20c per access
International calling from NZ (per min): 49c to Australia, UK, USA, CAN, IRE on One Rate 180 and over, all other plans 89c. Rest of World $1.39
Early disconnection fees apply
Extras
Terms and Conditions
Telecom Mobile Service Specific Terms and Conditions
- One Rate Postpaid and One Rate Business Plans
- One Rate Prepaid Plan
- TXT Extras
- My Favourites Extras
- Mobile Data (includes Data plans and Extras)
- Telecom Mobile Prepaid Agreement (WCDMA Network)
ONE RATE POSTPAID AND ONE RATE BUSINESS PLANS
The XT Network Telecom Mobile Postpaid Agreement applies in addition to the following terms and conditions.
Things you should know:
Contract term:
Available on Open Term, 12 or 24 month contract terms on the XT Network only. If you cancel your contract early you may have to pay early disconnection fees.
Call charges:
The minimum call charge for your One Rate Postpaid or One Rate Business Plan is one minute except for operator assisted, 0900 calls and other premium numbers; after the first minute you pay per second. Every call you make is charged at the rate applicable to your One Rate Postpaid or One Rate Business Plan. If there is no answer you won’t be charged for the call (note, calls answered by a message service or answering machine are chargeable)
Included minutes:
- Each One Rate Postpaid and One Rate Business Plan includes minute allocations that can be used for calls to any New Zealand network at any time.
- Included minutes only apply to your applicable national voice call rate.
- If your included national voice calling minute allocation expires during a call, the remainder of the call will be charged at the overage rate that applies to your chosen plan. For example, if there are two minutes remaining at the start of your call and that call lasts for 30 minutes, the call will be charged at the overage rate for 28 minutes.
- Included minutes are allocated per billing period. Your included minutes will be refreshed at 4 pm on the last day of each billing period and may not be carried over from one billing period to the next. To find out how many minutes you have left in your billing period cycle, call *333 from your mobile.
- Your included minutes roll over on the same date each month, i.e. if your billing period starts on the 5th, your new included minutes allocation will also refresh during the 5th.
- Included minutes expire on termination of your contract and any unused minutes will be lost.
Excluded minutes:
Any international calls, 0900 calls, premium number calls, operator assisted calls, directory related services and chargeable special short code numbers. Also excludes TXT and data Extras.
Operator assisted calls: You’ll be charged the full minute rate for each minute or part minute.
0900 and other premium numbers: You’ll be charged both the 0900 (or other premium number) rate and the mobile rate for each minute or part minute.
Voicemail/ Cellular Secretary/ Executive Secretary: Any number of messages may be checked per access.
Video Calling: Only available when you make video calls to other video calling capable Telecom mobiles.
Plan Transfer: If you want to switch from your One Rate Postpaid or One Rate Business Plan to another existing Telecom plan, Telecom’s standard transfer fees and rules apply. You may transfer between One Rate Postpaid and One Rate Business Plans only once per your billing period by calling Telecom on 126.
Your billing period: Your billing period is the period of time you are billed for calls and associated costs accumulated on your account. You billing period is fixed each month. This means your billing period will roll over on the same date each month, with any included minutes or usage refreshed on that same date. Your billing period’s rollover date will not change, unless you contact Telecom and ask for your bill statement date to be changed. You can find out the rollover date of your billing period from *333 and Your Telecom.
Changes to these terms: Telecom may change, add to or delete these terms, including adding whole new terms at any time. However, if the change is material, we'll give you reasonable notice.
ONE RATE PREPAID PLAN
The XT Network Telecom Mobile Prepaid Agreement applies in addition to the following terms and conditions.
Things you should know:
Contract term:
Available on the XT Network only. No fixed term contract.
Call charges:
The minimum call charge for your One Rate Prepaid Plan is one minute except for operator assisted, 0900 calls and other premium numbers; after the first minute you pay per second. To be able to initiate or continue a call you must have the equivalent of at least one minute worth of calling credit remaining on your Prepaid account.
Every call you make is charged at the rate applicable to your One Rate Prepaid Plan. If there is no answer you won’t be charged for the call (note, calls answered by a message service or answering machine are chargeable).
Excluded services:
Excludes TXT, My Favourites and data Extras. If you wish to use these services you will need to subscribe.
Operator assisted calls: You’ll be charged the full minute rate for each minute or part minute.
0900 and other premium numbers: You’ll be charged both the 0900 (or other premium number) rate and the mobile rate for each minute or part minute.
Voicemail/ Cellular Secretary/ Executive Secretary: Any number of messages may be checked per access.
Video Calling: Only available when you make video calls to other video calling capable Telecom mobiles.
Topping up:
You can add additional credit to your Prepaid account by using one of the methods outlined on our website. If you are topping up by using a card or voucher please note that these cannot be used after their expiry date. Once you add credit to your account you will need to use up that credit within six months. You must add credit to your account at least once every six months, otherwise your Prepaid account will be deactivated.
Plan Transfer:
You can change your One Rate Prepaid Plan once every 30 days. If you do change from your One Rate Prepaid Plan to another Telecom mobile plan you may lose all your remaining Prepaid balance.
Changes to these terms:
Telecom may change, add to or delete these terms, including adding whole new terms at any time. However, if the change is material, we'll give you reasonable notice.
TXT Extras
- Only available by subscription on Telecom mobile phones connected to the XT Network and apply to national person to person text messages
- The terms of your XT Network Telecom Mobile Prepaid Agreement or Telecom Mobile Postpaid Agreement, along with your plan specific terms and these terms, govern your use of TXT Extra services.
Things you should know:
Eligibility:
Telecom mobile customers on a Combo plan, Prepaid or Postpaid One Rate plan, Share plan, Business One Rate plan and Business Share plan are eligible to subscribe to a TXT Extra. You can subscribe to only one TXT Extra at a time. The service may not be cancelled for the first 30 days. You can make only one change to your TXT Extra per your billing period or, if you are on a One Rate Prepaid Plan, once every 30 days.
Included texts
TXT Extras include a set amount of national person to person text messages for a set monthly subscription fee as outlined in your chosen TXT Extra pricing table.
What does 'national' mean?
National texts are texts you send to other mobile phones in New Zealand. This excludes texts sent to international destinations and texts sent while roaming. These will be charged at the applicable international/roaming text rate and are not included within your TXT Extra cap.
What does 'person to person' mean?
Person to person text messages are text messages sent by a person using their mobile phone to another person's mobile phone. This does not include text messages sent via automated, computer scripted or other electronic means using a WCDMA modem or tethered (i.e. cable connected) WCDMA handset.
Here are some examples of text messages that are not person to person text messages: text messages sent to short codes, Web TXT or eTXT™, Xtra Alerts, Instant Messaging, Mobile originated text messages to e-mail and text messages you receive that have a charge associated with them. Entering competitions or voting for polls and other additional chargeable text messages are also not included.
What does text message mean?
Text message means a short text message of a maximum length of 160 characters that you have typed into your mobile phone or that you have been sent. Even if your device is capable of sending longer messages (e.g. 320 characters), for charging purposes, every 160 characters you send is counted as one text message. This does not include Picture Messages, WAP, Photo Messages or Video Messages
When does the TXT Extra month start?
- For Telecom mobile customers on Prepaid One Rate plan, the TXT Extra month starts on the 1st of the calendar month and is charged on a pay-as-you-text basis.
- For Telecom mobile customers on the Combo plan, Postpaid One Rate plans, Share plans, Business One Rate plans or Business Share plans TXT Extra is based on their monthly bill cycle (your billing period) which can be found on your Telecom bill statement. Your TXT Extra allocation is refreshed at 4 pm on the last day of your billing period.
How will I be charged for a TXT Extra?
- Your chosen TXT Extra provides you with a set amount of national person to person text messages per month. For example, if you've subscribed to 150TXT Extra you will be entitled to send 150 national person to person text messages per month for a set monthly fee
- All eligible TXT Extra messages you send will be calculated as part of your set maximum per month
- Each national person to person text message above your TXT Extra cap will cost you $0.20 per message
- National person to person text messages are free to receive
- All text messages are charged to your account once sent. It is your responsibility to ensure numbers are valid and correct
- If you are on a monthly call plan, TXT Extra is based on your monthly bill cycle which can be found on your Telecom bill statement. You will be charged the subscription value of your TXT Extra at the beginning of your monthly bill cycle
What shouldn't I use TXT Extra for?
- You must not use TXT Extra to spam or mail bomb anyone or to annoy anyone or interfere with anyone's rights
- Telecom may bar your use of its text message service if you misuse TXT Extra
Changes to these terms
Telecom may change, add to or delete these terms, including adding whole new terms at any time. However, if the change is material, we'll give you reasonable notice.
MOBILE DATA
- Mobile Data general terms and conditions
- Postpaid Data
- Prepaid Data
- Mobile Data Plans and Extras
- Casual Plan
- Data Extras
- Mobile Broadband Plans
- BlackBerry Plans
Telecom’s standard XT Network Agreement applies in addition to the following terms and conditions.
Availability:
XT Network data plans are only available on Telecom mobile phones and data devices connected to the XT Network. This includes the Casual plan, data extras, mobile broadband and BlackBerry plans.
Eligibility:
XT Network data plans are available to residential, home business and business customers.
All data plans are available on postpaid, and all except the Blackberry plans are available on prepaid. Data pricing will default to the Casual plan and casual data prices if no other data extra, mobile broadband, or BlackBerry plan is selected. BlackBerry devices must have a BlackBerry plan applied.
Data charges:
Data pricing applies to both WAP and IP packet data traffic. WAP data is billed per URL retrieved. IP packet data is billed based on bytes consumed, with billing updates triggered by elapsed time, bytes consumed or session end.
If your data plan includes a data allowance, e.g. a monthly or daily data allowance, you will still be able to use data on your device once you reach that allowance limit. You will be charged for all data used over this data allowance.
All BlackBerry devices are subject to BlackBerry plan pricing and monthly data allowances.
Contract term:
All data plans are open term, unless a contracted term applies where data device pricing is subsidised. Early disconnection fees apply if that contracted term is not completed. For the early disconnection fees that apply see http://www.telecom.co.nz/binarys/xt_disconnection_fees.pdf.
Excluded usage and services:
Unless specifically stated for international roaming, all data pricing and allowances apply only to data used in New Zealand. Separate international roaming pricing applies for data usage outside of New Zealand.
Voice over Internet Protocol (VoIP) is not supported, and we cannot guarantee that access or performance levels will be maintained.
Any applications you accept for use on your device are your own responsibility. Telecom cannot accept responsibility for the effect of applications downloaded to your device, or misuse of your personal information through use of those third party applications.
Plan changes:
You are entitled to change your plan once per calendar month (if prepaid) or once per billing period (if postpaid). You can not be on more than one data plan per device or SIM at any one time.
Changes to these terms:
Telecom may change, add to or delete these terms, including adding whole new terms at any time. However, if the change is material, we'll give you reasonable notice.
POSTPAID DATA
All of the XT Network mobile data plans are available on Postpaid. This includes the Casual plan, data extras, mobile broadband plans and BlackBerry plans. The Casual plan, data extras and BlackBerry plans have been designed for data usage on a mobile phone, and the mobile broadband plans have been designed for data usage on a laptop.
Data charges:
Data is billed in 10 kB increments on all postpaid plans except the Casual plan and BlackBerry plans. A minimum charge for 10 kB applies and any usage above this minimum is rounded up to the nearest 10 kB.
Your billing period:
The start date for any monthly charges and included data allowance is based on your monthly billing period, which can be found on your Telecom bill. For all plans with an included monthly allowance (i.e. all plans except the Casual plan) you will be charged for the data plan one month in advance as a monthly subscription.
Plan transfer:
Postpaid customers who have a contracted term and want to move to prepaid, will have to pay standard disconnection penalties before connecting to prepaid. Customers who are on a contracted term wishing to change their data plan to one which is lower than their current data plan can do so at any time, however a disconnection fee and/or transfer fee may be charged.
Usage alerts:
Postpaid customers will automatically be subscribed for usage alerts for all plans except the Casual plan. Unfortunately the usage alerts service is not available on the Casual plan. You can access the Mobile Broadband usage meter on your mobile phone or online to keep track of how much data you are using.
PREPAID DATA
All of the XT Network mobile data plans are available on Prepaid, except for the Blackberry plans. This includes the Casual plan, data extras, and mobile broadband plans. The Casual plan and data extras have been designed for data usage on a mobile phone device, and the mobile broadband plans have been designed for data usage on a laptop.
Using data:
Customers must have the minimum prepaid balance required to pay for 100 kB of data usage (based on the data plan they are on) to initiate a data session. The minimum balance required will be no more than $1 on the Casual plan, and $0.05 on a monthly data plan. Even if you have an available data allowance (included in your monthly data plan, or within your 10 MB per day Casual plan allowance) you must also have a positive balance to start a new data session. If a prepaid account reaches a zero balance while connected, the data session will be disconnected by the network immediately.
Data charges:
Data is billed in 10,486 byte increments. A minimum charge for any usage up to 10,486 bytes applies, and any usage above this minimum is rounded down to the nearest 10,486 bytes.
All prepaid credit will expire if you have not instigated a credit top up in six months on prepaid plans.
Usage alerts:
Unfortunately, the usage alerts service is not available to prepaid customers. You can access the Mobile Broadband usage meter on your mobile phone or online to keep track of how much data you are using.
MOBILE DATA PLANS AND EXTRAS
Casual Plan
Unless you select a data extra, mobile broadband plan or BlackBerry plan, our Casual plan automatically applies to any data usage.
Availability:
Available on Telecom mobile phones or data devices connected to the XT Mobile Network only, for data usage within New Zealand.
Data charges:
Data is billed in 10,486 byte increments. A minimum charge for 10,486 bytes applies, and any usage above this minimum is rounded down to the nearest 10,486 bytes.
Included data:
The Casual plan includes 10 MB of national data usage on the days you use data, for a capped fee as outlined in the pricing table. Unused data from your daily allowance is not carried forward to the following day.
What does 'national' mean?
National data usage means data used on your mobile phone or data device while in New Zealand. This excludes data used while roaming, which will be charged at the applicable international/roaming data rate and is not included within your daily data allowance.
Your billing period:
Customers will only be charged for casual data on the days that they use it.
A day’s data entitlement is defined as a calendar day that begins at 12:00am and ends at 11:59:59pm. A WAP data event going past midnight will be charged to the day it started.
How will I be charged for data on the Casual plan?
- The Casual plan provides you with 10 MB of national included data usage per day, for a capped daily fee. You will only pay for data on the days you use it.
- All eligible data usage will be calculated as part of your 10 MB per day.
- National data is charged at a pro-rated rate up to a maximum of $1 for the first 0.05MB, and from then no data charges apply up to a total of 10 MB in that same day.
- Any further national data usage over 10 MB in that day is charged at $1 per MB.
- If you do not use all 10 MB in a day, the unused data allowance is not carried forward to the following day.
Data Extras
Availability:
Available by subscription on Telecom mobile phones or data devices connected to the XT Network only, for data usage within New Zealand. The service may not be cancelled for the first 30 days and you can only make one change to your data extra per calendar month (if prepaid) or once per billing month (if postpaid).
Included data:
Data extras include a set amount of national data usage for a set monthly subscription fee as outlined in the data extra pricing table. Unused data from your monthly allowance is not carried forward to the following month.
What does 'national' mean?
National data usage means data used on your mobile phone or data device while in New Zealand. This excludes data used while roaming, which will be charged at the applicable international/roaming data rate and is not included within your data extra allowance.
When does the data extra month start and end?
For prepaid billed customers, the included data allowance starts on the 1st of the calendar month and is charged on a pay-as-you-use basis. You will be charged for any data used in excess of your monthly data allowance within that calendar month.
For postpaid billed customers, the data extra charge and included data allowance is based on your monthly bill cycle which can be found on your Telecom bill statement. Your included monthly data allowance is refreshed at 4pm on the last day of your monthly billing period. All data used from 4pm onwards on the last day of your billing period will count towards your next months included data allowance.
How will I be charged for a data extra?
- Your chosen data extra provides you with a set amount of national included data usage per month. For example, if you’ve subscribed to the 20 MB data extra you will be entitled to use up to 20 MB of national data per month for a set monthly fee.
- Any data usage over your included monthly allowance will be charged at $0.50 per MB for the rest of your data extra month.
- All eligible data usage will be calculated as part of your set maximum per month.
- For prepaid billed customers, you will be charged for the first set amount of eligible data usage per month at $1 per MB and receive your remaining allocated eligible data usage free (at $0.00 per MB). For example, if you’ve subscribed to the 20 MB data extra you will be charged $1 per MB for the first 6 MB and the next 14 MB are free. If you do not exceed the first set amount of eligible data usage, you will only be charged for what you use that month and not the monthly fee. For example, if you’ve subscribed to the 20 MB data extra and you use less than 6 MB of data per month then you will only be charged $1 per MB for what you use and not the $6.00 monthly fee.
- For postpaid billed customers, you will be charged a subscription fee for your data extra. For example, if you’ve subscribed to the 20 MB data extra you will be charged $6 to your Telecom account each month.
Mobile Broadband Plans
Availability:
Available by subscription on Telecom mobile phones or data devices connected to the XT Network only, for data usage within New Zealand. The service may not be cancelled for the first 30 days and you can only make one change to your mobile broadband plan per calendar month (if prepaid) or once per billing month (if postpaid).
Included data:
Mobile broadband plans include a set amount of national data usage for a set monthly subscription fee as outlined in the mobile broadband plan pricing table. Unused data from your monthly allowance is not carried forward to the following month.
What does 'national' mean?
National data usage means data used on your mobile phone or data device while in New Zealand. This excludes data used while roaming, which will be charged at the applicable international/roaming data rate and is not included within your mobile broadband plan allowance.
When does the mobile broadband plan month start and end?
For prepaid billed customers, the included data allowance starts on the 1st of the calendar month and is charged on a pay-as-you-use basis. You will be charged for any data used in excess of your monthly data allowance within that calendar month.
For postpaid billed customers, the monthly charge and included data allowance for your mobile broadband plan is based on your monthly bill cycle which can be found on your Telecom bill statement. Your included monthly data allowance for your mobile broadband plan is refreshed at 4pm on the last day of your monthly billing cycle. All data used from 4pm onwards on the last day of your billing cycle will count towards your next months included data allowance.
How will I be charged for a mobile broadband plan?
- Your chosen mobile broadband plan provides you with a set amount of national included data usage per month. For example, if you’ve subscribed to the 1 GB mobile broadband plan you will be entitled to use up to 1 GB of national data per month for a set monthly fee.
- Any data usage over your included monthly allowance will be charged at $0.50 per MB for the rest of your data month.
- All eligible data usage will be calculated as part of your set included data allowance per month.
- For Telecom mobile customers on prepaid, you will be charged for the first set amount of eligible data usage per month at $1 per MB and receive your remaining allocated eligible data usage free (at $0.00 per MB). For example, if you’ve subscribed to the 1 GB mobile broadband plan you will be charged $1 per MB for the first 55 MB and the next 945 MB are free. If you do not exceed the first set amount of eligible data usage, you will only be charged for what you use that month and not the monthly fee. For example, if you’ve subscribed to the 1 GB mobile broadband plan and you use less than 55 MB of data per month then you will only be charged $1 per MB for what you use and not the $54.95 monthly fee.
- For Telecom mobile customers on postpaid, you will be charged a subscription fee for your mobile broadband plan. For example, if you’ve subscribed to the 1 GB mobile broadband plan you will be charged $54.95 to your Telecom account each month.
- Customers on the 1 GB, 2 GB or 3 GB mobile broadband plan have the added benefit of paying no more than $15 for an additional 1 GB of national data usage. National data usage in excess of the mobile broadband plan allowance will be charged at $0.50 per MB, up until 30 MB and the next 970 MB are free. If you do not exceed 30 additional MB you will only be charged for what you use. Usage in excess of the additional 1 GB will cost you $0.50 per MB.
Telecom Mobile Postpaid Agreement (WCDMA Network)
1. Our agreement
2. Interpretation
3. Term of agreement
4. Provision of services
5. Mobile phone numbers
6. Wireless data and content
7. Mobile phone and SIM
8. Charges and billing
9. Mobile plans and your allowance
10. Withholding, suspending, disconnecting or restricting services
11. Giving up or ending services
12. Compensation and liability
13. Force majeure
14. Information about you
15. Changing these terms
16. Sending notices
17. Meeting our responsibilities through agents and service providers
18. Transferring our responsibilities
19. More than one customer
20. Severability
21. Waiver
22. Governing law
1. Our agreement
If you have a Telecom Postpaid connection that operates on our WCDMA Network then you will need to read the terms and conditions set out below which govern our contractual relationship with you for the provision of Telecom Postpaid Services on our WCDMA Network
This agreement applies from 1 May 2009
We may amend this agreement from time to time. The latest version of the agreement is published on the Telecom Website. Please check the Telecom Website regularly for updates
You will also be bound by the specific terms and conditions published on the Telecom Website relating to your Base Plan and any specific terms and conditions relating to the Services you use and any Extras you subscribe to. If there is any conflict or inconsistency between:
the terms and conditions set out in this agreement; and
the terms and conditions relating to your Base Plan or the specific terms and conditions relating to the Services you use and any Extras you subscribe to,
then the terms and conditions referred to in paragraph (b) will prevail
2. Interpretation
This agreement contains various words and expressions that have defined meanings. These defined words and expressions have the meanings set out in the Appendix to this agreement.
3. Term of agreement
This agreement starts when we accept your application to use the Services and will continue for at least the Minimum Term, unless this agreement is terminated in any of the ways described in clause 11
If you do not have a Minimum Term or if your Minimum Term has finished, we will continue to provide you with the Services until this agreement is terminated in any of the ways described in clause 11
4. Provision of services
Telecom Postpaid Services allow you to make and receive most local, national and international calls (when within our WCDMA Network coverage area) using a Mobile Phone, and access a range of other Services. You will need a SIM to be able to connect to our WCDMA Network and use the Services
We will try our best to provide quality Services to you at all times. But, because of the nature of mobile telecommunications, at times our ability to do so will be affected by factors outside of our control including, but not limited to, geographic conditions and physical obstructions, weather conditions, the number of people trying to use our Network at the same time or faults in our Network or other networks used by us to provide the Services to you. We cannot guarantee continuous or fault-free Services
The quality, speed and coverage of the Services also depends partly on your Mobile Phone, partly on our Network and partly on other telecommunications networks
The Services may also be unavailable at times due to maintenance, repairs, upgrades or modifications to our Network or other networks used by us to provide the Services to you. Where it is within our control, we will try to keep such unavailability to a minimum
Roaming relies on the use of overseas telecommunications networks which we do not control and therefore we cannot offer any guarantees about the quality of Roaming services. Some Services, such as video calling, may not be available while Roaming. The use by you of overseas telecommunication networks will be subject to the terms and conditions of the relevant overseas network operator. Those terms and conditions will apply in addition to the terms and conditions contained in this agreement
You agree to:
comply with all your obligations in this agreement;
comply with the law and all the relevant codes and regulations and not use your Mobile Phone or the Services in a way that is abusive or offensive or for an illegal, immoral or fraudulent purpose;
provide us with all information we reasonably request in connection with this agreement and make sure that all information you give to us or to any third party retailer or dealer is accurate and complete;
keep confidential, and do not disclose to any other person, any PIN or other access code feature used by, or allocated to, you in connection with the Services;
not use your Mobile Phone or the Services in a way that interferes with any other person's use of the Services;
not use your Mobile Phone or the Services to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, access or upload any Content which breaches a third party right, or any other similar activity;
use only Mobile Phones and accessories approved for use with our Network and which comply with all relevant legislation and regulations;
not connect a SIM you have obtained from us to any other telecommunications network unless you are Roaming;
follow the instructions and guidelines (including any Fair Use Policies) we give you about the use of the Services and your Mobile Phone;
not do anything or introduce anything (including any virus) that may damage or harm our Network or equipment, or any third party's network or equipment;
authorise us to conduct a credit check on you from time to time when we consider it appropriate;
not use your Mobile Phone or the Services for voice over internet protocol or messaging over internet protocol;
not sell or otherwise make the Services available to others or commercially exploit the Services or any Content in any way;
agree that using the Services does not give you any rights in any part of our Network;
never interfere with any part of our Network unless you have been authorised in writing by us to do so;
authorise us or any person approved by us to remotely access your Mobile Phone in order to perform any tasks that in our opinion are reasonably necessary to maintain or protect the integrity or performance of our Network or Services or where we have been directed to do so by law;
pay for the repair or replacement of any Mobile Phone or other equipment you rent from us, or which is loaned to you, which is lost, stolen or damaged;
return any Mobile Phone or other equipment you rent from us, or which is loaned to you, when you give up or we stop providing the Services relating to that Mobile Phone or other equipment. If you don't return the Mobile Phone or other equipment we will continue to charge you rental for it. We may also recover from you the full replacement cost of the Mobile Phone or other equipment or come onto your property and remove our Mobile Phone or other equipment; and
indemnify us and any other relevant Telecom Company against any legal action taken, or losses or costs we or any other relevant Telecom Company incur, in connection with your use of your Mobile Phone and the Services. The indemnity in this clause shall extend to our officers, employees, contractors and agents and those of any other relevant Telecom Company.
You agree to make sure everyone who uses your Mobile Phone or SIM complies with the obligations and responsibilities set out in clause 4.6 We may publish a fair use policy in respect of some or all of the Services. A fair use policy will provide rules and further details around how such Services can be used. We will do this to help us prevent fraud and to ensure that excessive use of such Services does not prevent our customers from enjoying such Services. These policies are available on the Telecom Website or by contacting Telecom Customer Services
5. Mobile phone numbers
Unless you Port a mobile phone number to us or you have an existing Telecom mobile phone number which can be used with your Mobile Phone or SIM, we will allocate a mobile phone number to you for use with your Mobile Phone or SIM on our Network. The mobile phone number does not belong to you and you may not sell or otherwise transfer it. Any disputes regarding the allocation of mobile phone numbers will be determined by us in our absolute discretion and our decision will be final
In exceptional circumstances, we may be required to change the mobile phone number you use with your Mobile Phone or SIM. Where we are required to change your allocated mobile phone number we will try and give you notice of this change. We will not be liable for any costs which may be incurred by you or anyone else as a result of this change
If you wish to Port your allocated mobile phone number to another Mobile Service Provider:
you will need to contact that other Mobile Service Provider;
you will be responsible for taking all necessary steps to Port your mobile phone number, other than our obligations under the LMNP Terms; and
you will be responsible for all costs associated with Porting your mobile phone number
If you have not Ported the mobile phone number allocated to you prior to either the termination of this agreement or your access to the Services being disconnected, we may reallocate that number to another customer
6. Wireless data and content
If the Services provide links to third party sites, we are in no way responsible for such links or for the Content on any such sites. We have included these links for convenience only and this inclusion is in no way an endorsement of the applicable site or third party
If the Services allow you to access Content that originates from you or third parties, we may monitor any Content made available by you or any third party and remove any Content we consider to be inappropriate or in breach of any law or third party right
We are not responsible for:
ensuring that any Content you access or make available through use of the Services will be private or secure or free from viruses or other harmful things;
any transactions you enter into, any dealings between you and any advertisers or third parties, or your participation in any promotions through use of the Services;
any inaccuracies in any Content you obtain from the Services or any loss or damage arising from the use of, or reliance on, such Content;
any corruption or loss of Content stored on your Mobile Phone, or transmitted over our Network;
any delay in your receipt of Content you select for transmission to your Mobile Phone; or
fixing any faults in your Mobile Phone or SIM that occur as a result of you accessing Content
Unwanted programs or Content may be downloaded from the internet without your knowledge, which may give unauthorised persons access to your Mobile Phone. We are in no way responsible for any such unauthorised access or any damage or loss suffered as a result
7. Mobile phone and SIM
Any SIM we supply to you remains our property and must be returned to us if this agreement ends. It is your responsibility to keep any SIM we supply to you in a good condition
You must keep your Mobile Phone and the SIM secure at all times. We recommend that you use a PIN and other access code features provided with your Mobile Phone and SIM to ensure that only you are able to access and use the Services. You must keep all such PINs and access codes confidential at all times. We may assume that any request or instruction we receive is authorised by you if it is made from your Mobile Phone.
If a PIN is entered incorrectly three times in a row, the SIM will automatically block and it will not be possible to use it unless it is unblocked. To unblock the SIM you will need a PUK1 Code, which you can obtain from your SIM packaging or by contacting Telecom Customer Services. If you continue to block your SIM by incorrectly entering the PUK1 Code the SIM will be rendered useless after 10 attempts and you will lose names, numbers and other information stored on it. You will then need to purchase a new SIM, which will have a new PUK1 Code, if you wish to continue using the Services.
You must inform us immediately if your Mobile Phone or the SIM supplied to you is lost, stolen or damaged. You will remain liable for all Charges incurred in relation to the use of your Mobile Phone or the SIM up to the time you inform us that your Mobile Phone or SIM is lost or stolen, whether the Charges have been incurred by you or someone else. If your Mobile Phone is lost, stolen, damaged or destroyed, you will need to purchase a new Mobile Phone and/or SIM if you wish to continue using the Services.
If equipment, including your Mobile Phone and SIM, supplied to you by someone other than us does not work properly, you need to contact the relevant equipment supplier or manufacturer, rather than us, about the problem. We are in no way responsible if this equipment is damaged as a result of unauthorised use on our Network, or if it does not work on our Network. We are under no obligation to take any action so you can access the Services using this equipment. Any responsibilities we may have for a Mobile Phone or other equipment that you buy directly from us will be covered by a separate warranty or sales agreement for that Mobile Phone or other equipment
You must pay the purchase price of any Mobile Phone or other equipment you buy from us. We will continue to own the Mobile Phone or equipment until you have paid for it in full. The Mobile Phone or equipment will be at your risk from the time it is delivered to you.
8. Charges and billing
There is a monthly or other agreed billing period for your use of the Services, which shall commence from the date we accept your application to use the Services. We will make your bills available to you for each billing period by post or electronic means. The bill will specify the total amount of the Charges you owe us and the date by which such amount must be paid to us. Charges for Mobile Plans and different Services may be billed in advance or in arrears, as set out on the Telecom Website.
The Charges for calls made from your Mobile Phone are set out in your Base Plan. Generally, there is a minimum one minute charge for each call and after the first minute calls are charged per second. If you use up your Allowance during a call or you do not have an Allowance, you will be Charged for the rest of the call at the applicable rate set out in your Base Plan. If you call 0900 numbers or special numbers such as 018 or those provided through calling cards, you will be charged at the rate published by the service provider of that number in addition to the usual Charges for calls as set out in your Base Plan. Please see your Base Plan for more information about Charges for calls
The Charges for Mobile Plans and all Services are set out on the Telecom Website and are also available by contacting Telecom Customer Services.
We may change our Charges from time to time and will notify you of any changes in accordance with clause 15
You are liable for all Charges under this agreement whether incurred by you or someone else using your Mobile Phone or SIM (with or without your knowledge). This includes when your Mobile Phone or SIM has been lost or stolen. If you no longer want to use the Services you must deactivate your SIM. Removing your SIM from your Mobile Phone will not deactivate the SIM
The Charges that apply to Roaming are in addition to any other Charges which apply to your Mobile Plans. The Charges for Roaming may include Charges for voice calls and other messages sent and received or for accessing Content. The Charges for Roaming will be determined by Telecom and/or the overseas network operator. These Charges will vary between overseas networks and may change from time to time. You can find information on Roaming Charges by calling Telecom Customer Services or by visiting the Telecom Website
We may, at our discretion, impose credit limits for your use of the Services and we will try to notify you as soon as we impose such limits. You must observe any credit limit we set from time to time
If you think that there is a mistake in your bill, please let us know before the due date for payment. We will investigate the matter as soon as possible. While you wait to hear from us, you need pay only the undisputed part of the bill by the due date for payment. You must not set-off or deduct any amount in any other circumstances. If we agree there is a mistake, we will adjust your next bill or, if appropriate, provide a refund. If we find there is no mistake and if the due date for payment has already passed, you must pay the amount outstanding immediately
If you do not pay a bill by the due date for payment stated on that bill you may be charged a late payment fee or interest on the unpaid amount from that date until you pay it. The interest rate will be the default rate set out on the Telecom Website. We may also charge you for any reasonable administration or collection costs (including legal costs on a solicitor and client basis) which we incur if you don't pay your bill on time and in full
We may off-set any credit balance on any of your Telecom accounts, or any money we would otherwise be required to pay you, against any amounts you owe us under this agreement (including any Charges that have not been paid by the due date). Subject to these rights, we will refund any monetary credit balance on your account at the end of this agreement
9. Mobile plans and your allowance
You may change between Mobile Plans only in accordance with the terms and conditions relating to the relevant Mobile Plan. You may have to give us a certain period of notice before you can change and transfer fees and/or early disconnection fees may apply. It is your responsibility to check what, if any, special terms and conditions exist for different Mobile Plans and if there are any fees for changing between them
If you choose to change from a postpaid Base Plan to a Telecom prepaid plan you will need to terminate this agreement in accordance with clause 11 and sign up to a new agreement relating to the prepaid plan. Transfer and/or early disconnection fees may apply
The Allowance under your Base Plan and each Extra you subscribe to:
will be refreshed at the beginning of each billing period;
may not be carried over from one billing period to the next unless the terms and conditions relating to your Base Plan or the relevant Extra provide otherwise;
may only be used in accordance with the terms and conditions of your Base Plan or the relevant Extra and may not be credited towards other charges including international calls, 0900 calls and special SMS code numbers;
may not be transferred between Mobile Plans or to a prepaid plan;
may not be redeemed for cash, phone equipment, early disconnection fees, transfer fees or other Charges;
cannot be transferred or assigned;
expire on termination of this agreement and any unused part of your Allowance, such as voice minutes, will be forfeited on disconnection and you will not receive any refunds; and
is subject to any other terms and conditions of your Base Plan and the relevant Extra
If you use up your Allowance, or if you use Services that are not included in your Allowance, overage charges or other Charges will apply to your use of those Services except where those Services are provided by us free of Charge
If you subscribe to any Extra, you may have to pay the full Charge for your current billing period if you subscribe to that Extra after your current billing period has commenced. Charges for Extras will recur and be incurred every billing period unless you notify us that you want to unsubscribe in accordance with clause 11.5
10. Withholding, suspending, disconnecting or restricting services
We may temporarily or permanently withhold, suspend or restrict (for example by placing a toll bar on your Mobile Phone) your use of any or all of the Services or disconnect you from our Network without warning if:
you or anyone who uses your Mobile Phone or SIM does not comply with the terms and conditions of this agreement (including the provisions of clause 4.6) or any other agreement with us, such as any terms and conditions relating to Mobile Plans or Additional Services;
you do not pay your bill by the due date specified on the bill;
we are not satisfied with the results of a credit check that we have carried out on you;
you go over a credit limit that we have set for you;
you or anyone who uses your Mobile Phone or SIM damages our Network or puts our Network at risk;
you harass, abuse or threaten our staff; or
you notify us if your Mobile Phone or SIM has been lost or stolen
When we disconnect a Service for the reasons set out in clause 10.1 above, an early disconnection fee may apply as set out in our latest schedule of disconnection fees for the WCDMA Network published on the Telecom Website. You will remain liable for all monthly or other periodic Charges during any period where any Services are being withheld, suspended or restricted. You may also have to pay a reconnection fee before you can use the Services again
We may also suspend your use of the Services and disconnect you from our Network without warning if our Network needs urgent maintenance or upgrading
We reserve the right to change, suspend or withdraw part or all of any Extra or Additional Service on giving reasonable notice
11. Giving up or ending services
You may end this agreement at any time after the Minimum Term, or at any time if you do not have a Minimum Term, by giving us at least one month's notice
You may terminate this agreement before the Minimum Term has ended if you pay us:
all Charges that are due; plus
any applicable early disconnection fee as set out in our latest schedule of disconnection fees for the WCDMA Network published on the Telecom Website
We may cancel this agreement immediately without notice to you if:
we have the right to suspend your access to the Services for any of the reasons set out in clause 10.1 that in Telecom's opinion have not been, or are unlikely to be, rectified;
you breach this agreement in a material way and do not put it right within seven days of us asking you to;
you seek to assign or transfer this agreement in breach of clause 18.1; or
you become insolvent or bankrupt, or a receiver, manager and receiver, or statutory manager is appointed over any or all of your assets, or any resolution is passed, or any proceeding is commenced to wind you up or liquidate you, or we have good reason for believing that you are unable to pay the Charges
If this agreement ends for one of the reasons set out in this clause 11:
any names, numbers and other information stored on your SIM may be lost; and
unless we agree otherwise (for example, if you have transferred to a Telecom prepaid call plan covered by another agreement with us) or unless a mobile phone number has been Ported prior to giving up the Services, any mobile phone numbers allocated to you to use under this agreement will no longer be available to you
You may temporarily or permanently give up any Extra or Additional Service we provide for you by calling Telecom Customer Services. Some Extras and Additional Services may have a minimum period which you must subscribe for or may require you to provide us with at least one month's notice of your intention to give them up
If this agreement ends for any of the reasons set out in this clause 11, or if we stop providing you with any of the Services, and you later want any of the Services reconnected, you may have to pay a reconnection charge and purchase a new SIM
We may decide to stop providing all or any part of our Services to you. If we do this, we will try to tell you at least one month before we stop providing the service. We may do this by sending you an SMS, emailing or writing to you, calling you or by putting a notice in major daily newspapers. The agreement you have with us will remain in place
Ending this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards, including any obligation you may have to pay any outstanding Charges
12. Compensation and liability
Where a Service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know by calling Telecom Customer Services. Where we consider it appropriate, we will refund to you an amount up to our standard monthly (or other periodical) Charge for the affected Service. For us to consider your claim, you must tell us within one month after the Service is affected. A refund will not be available where such an event occurs because we are not given correct information, or because you have not used your Mobile Phone or the Services appropriately, or through other causes beyond our reasonable control, nor will a refund be available where you have not tried to minimise your loss
At the time of your application for Telecom Postpaid Services you must indicate whether you are acquiring the Services for the purposes of a business or other purposes. If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993, or you indicate to us that you are doing so, you agree that the provisions of that Act do not apply to the Services we provide under this agreement. If you are not acquiring the Services for those purposes, the Consumer Guarantees Act 1993 may apply to the Services we provide to you. Any rights you may have under that Act apply in addition to the rights set out in this agreement and nothing in this agreement will limit or exclude your rights under the Consumer Guarantees Act 1993
Clause 12.1 sets out your ability to claim a refund or compensation from us. Subject to clause 12.2 (if applicable), all other liability we may have to you in connection with this agreement, whether in contract, tort (including negligence) or otherwise is excluded. This exclusion applies for the benefit of the following people:
us and every other Telecom Company;
network operators other than us whose networks are connected to each other and to our Network;
all companies directly or indirectly owned, partly owned or controlled by any of the companies listed above;
all officers, employees, contractors and agents of all the companies listed above; and
anyone else any of the companies listed above are responsible for
None of the people listed above is liable to you or has to pay you for anything else in connection with or resulting from anything any one of those persons does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way any liability might arise if it were not for this clause
If for any reason the exclusion in clause 12.3 does not apply, then the maximum combined amount all the people listed in clause 12.3 (together) will have to pay to you and anyone claiming through you (together) in respect of claims in connection with this agreement is:
$50,000 for any one event or circumstance or series of related events or circumstances; and
$100,000 in the aggregate in respect of all events and circumstances in any 12 month period
This limitation does not limit or exclude any rights you may have under the Consumer Guarantees Act 1993. Please see clause 12.2 for more information.
13. Force majeure
If we are prevented from carrying out any obligation in this agreement by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstances beyond our reasonable control, we will try to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or delay in performing, any such obligation set out in this agreement
14. Information about you
While you have an agreement with any Telecom Company, you agree that we and other Telecom Companies may collect information about you. The information may be obtained from you, from others, or generated within our Network when you or anyone else uses the Services or the services of any service provider approved by us. You may decide whether to provide any information any of us request from you. However, if you do not provide it, we and other Telecom Companies may not be able to provide services to you. You may ask to see information any Telecom Company holds about you and ask for any details that are wrong to be corrected
We, other Telecom Companies and, to the extent appropriate, any service providers approved by us, including service providers providing directory listing and directory assistance services, may hold information about you and share it to the extent appropriate with each other, with Telecom employees, contractors and agents and any approved service provider and with credit reference and debt collection agencies. This enables us, other Telecom Companies, agencies and approved service providers to provide services for you and others, send you bills, recover and report on money you owe and keep you informed of services available to you. Credit reporters may include credit checks and any defaults in payment to us and other Telecom Companies in their databases and share this information with others who wish to conduct credit checks on you
From time to time we may send you sales and marketing information about Telecom products and services. You can let us know at any time if you do not want to receive sales and marketing information by contacting Telecom Customer Services
We, and other Telecom Companies may:
share with other network operators the mobile phone numbers allocated to you and any other information (not including your name and address) needed to enable you to make and receive calls through their networks; and
share, to the extent appropriate, your name, address and the mobile phone numbers allocated to you with any person (except other network operators) using services provided by any of us or any service provider approved by us for providing directory assistance and directory listing services. This information may also be used or accessed by us or any such approved service provider in or from any directories and other publicly available accessible publications and databases
You may prefer to restrict access to your name, address and mobile phone numbers allocated to you. Please contact Telecom Customer Services if you want to know about the ways you can do this
We may occasionally monitor telephone calls between customers and our personnel so as to help train our personnel to provide better customer service. Any information we collect by doing this will be used in strict compliance with all applicable privacy laws
You must contact Telecom Customer Services as soon as possible about any change to your name, address or any other details you have provided to us
15. Changing these terms
We may change any of the terms of this agreement, remove existing terms from the agreement, or add new terms into the agreement, at our discretion. Changes may take the form of a completely new agreement. We can do this without the need to obtain the consent of the people listed in clause 12.3
We will give you at least 10 working days' notice or, wherever possible, one month's notice of any changes that we consider will have a material adverse effect on you. In all other cases we will try to give you one month's notice of any change
We may also change our Charges from time to time. Where we increase any Charges for any of the Services, we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes
16. Sending notices
We may send you notices by sending you an SMS, by emailing or writing to you, by calling you or by publishing the notices on the Telecom Website
17. Meeting our responsibilities through agents and service providers
We may have any other Telecom Company or Telecom-approved agent or any service provider approved by us perform any of our rights and obligations under this agreement. In that case, each of those companies or agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of this agreement which confer benefits on us
18. Transferring our responsibilities
We may transfer to someone else all or any part of our side of the agreement you have with us. This agreement is personal to you and you may not transfer this agreement or any benefit or obligation of it to any other person. If you are a business or company and your effective control or management is changed in any way, this will be treated by us as a transfer of this agreement and we will be entitled to end it
19. More than one customer
Every person named as the customer in your application to use the Services must meet all of the customer's responsibilities under this agreement including paying all Charges payable by you under clause 8
20. Severability
Each term of this agreement is separately binding. If for any reason any term is not legally effective all other terms shall remain binding and we can replace the term that is not legally effective with a term of similar meaning that is lawful and effective
21. Waiver
A failure or delay by you or us to enforce any rights or powers under this agreement shall not operate as a waiver of that right or power. A waiver of any breach of this agreement shall not be deemed to be a waiver of any other or subsequent breach
22. Governing law
This agreement is governed by the laws of New Zealand and you submit to the exclusive jurisdiction of the courts of New Zealand in respect of any dispute or proceeding arising out of it
Interpretation
This agreement contains various words and expressions that have defined meanings set out below:
"Additional Services" means optional services offered by us in connection with the Telecom Postpaid Services (such as data, SMS, Roaming, Caller Tunes, Cellular Secretary, Video Calling, and Your Telecom on your Mobile Phone) which may incur a Charge whether they are supplied in conjunction with a Base Plan or outside a Base Plan. You can find more information about these services, including which ones are available to you and the Charges for using them, on the Telecom Website
"Allowance" means the amount and type of Services which are provided to you on a monthly or other periodic basis as part of your Base Plan and any Extras you subscribe to, for example certain amounts of voice minutes, data, SMS messages and/or other Additional Services
"Base Plan" means your chosen Telecom postpaid plan which sets out things such as:
the Allowance provided to you under that Base Plan and the monthly or other periodic Charge for that Allowance;
the Charges for using the Services once your Allowance is used up; and
the Charges for using Services that are not included in your Allowance
"Extra" means a plan which provides you with an Allowance of a certain Additional Service or certain Additional Services such as SMS messages or data, for a fixed or other periodic payment
"Charges" means charges for your access to and use of the Services. Charges may include, without limitation, call and usage charges, fixed periodic charges for Base Plans and Extras, overage charges, all reasonable administrative charges and any costs incurred in collecting outstanding payments from you
"Content" means information, images and sounds, communications, software or any other material made available through the Services and includes wireless data and internet content
"Fair Use Policy" means a fair use policy as referred to in clause 4.8, as amended from time to time
"LMNP Terms" means the Terms for Local and Mobile Number Portability in New Zealand, as amended from time to time
"Minimum Term" means your minimum fixed period commitment to receive the Services as set out in your application to use the Services
"Mobile Phone" means a mobile phone or other telecommunications device (which incorporates a SIM) which operates on our WCDMA Network and is used by you to access the Services
"Mobile Plans" means your Base Plan and any Extras and other plans you subscribe to from time to time and "Mobile Plan" means any one of those plans
"Mobile Service Provider" means a provider of mobile telecommunication services
"Network" means the telecommunications system owned by us and/or other Telecom Companies which we use to provide the Services to you and other customers, including our WCDMA Network
"PIN" means a personal identification number which is necessary for protection from non-sanctioned access to your SIM
"Port" or "Porting" means the process of transferring your mobile phone number from one Mobile Service Provider to another Mobile Service Provider
"PUK1 Code" means a personal unblocking key code which can unblock your SIM
"Roaming" means an Additional Service that allows you to use your Mobile Phone in countries other than New Zealand
"Services" means the mobile telecommunication services offered by us to you under this agreement, including the Additional Services, and anything else we do or provide in connection with those mobile telecommunication services, which may or may not incur a Charge
"SIM" means any subscriber identity module that we may have provided to you which enables you, when used with a Mobile Phone, to access the Services on our WCDMA Network
"SMS" means a short message service, which is a form of text messaging on mobile phones
"Telecom Company" means Telecom Corporation of New Zealand Limited or any company which is a direct or indirect subsidiary of Telecom Corporation of New Zealand Limited
"Telecom Customer Services" means Telecom Customer Services, which is contactable on 123 from your landline, or on *123 from your Mobile Phone, or by using such other contact details which are updated by us on the Telecom Website
"Telecom Postpaid Services" means Services provided by us where you pay the Charges on a monthly or other periodic basis
"Telecom Website" means our website at www.telecom.co.nz or such other website that we notify you of from time to time
"WCDMA Network" means the wideband code division multiple access network owned by us and/or other Telecom Companies which we use to provide the Services to you and other customers (commonly referred to as Telecom's XT mobile network)
"we", "our" or "us" means Telecom New Zealand Limited
"you" or "your" means the customer who is party to this agreement
