Prepaid Terms and Conditions
Telecom Mobile Service Specific Terms and Conditions
- One Rate Prepaid Plan
- One Rate Postpaid and One Rate Business Plans
- TXT Extras
- My Favourites Extras
- Mobile Data (includes Data plans and Extras)
- Telecom Mobile Prepaid Agreement (WCDMA Network)
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:
One Rate Prepaid Plan: 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.
Pay as you go Plan: The minimum call charge for your Plan is one minute except for operator assisted, 0900 calls and other premium numbers; after the first minute calls will be rounded up and charged by the minute. 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 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 12 months. You must add credit to your account at least once every 12 months, otherwise your Prepaid account will be deactivated.
Plan Transfer:
You can change your Prepaid Plan once every 30 days. If you do change from your 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.
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.
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 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 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 12 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 Prepaid Agreement (WCDMA Network)
1. Our agreement
If you have a Telecom Prepaid 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 Prepaid 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 Prepaid Plan and any specific terms and conditions relating to the Services you use, like mobile data services. If there is any conflict or inconsistency between:
(a) the terms and conditions set out in this agreement; and
(b) the terms and conditions relating to your Prepaid Plan or the specific terms and conditions relating to the Services you use,
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 below.
"Additional Services" means optional services offered by us in connection with the Telecom Prepaid Services (such as data, SMS, Roaming, Caller Tunes, Cellular Secretary, Video Calling and Your Telecom on device) which may incur a fixed monthly Charge and/or other casual Charges. 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
"Charges" means charges for access to and use of the Services
"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
"Mobile Phone" means the 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 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
"Prepaid Plan" means the relevant Telecom Prepaid Service pricing plan you choose from time to time
"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 SIM 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 0800 800 163, or on *123 from your Mobile Phone, or by using such other contact details which are updated by us on the Telecom Website
"Telecom Prepaid Account" means the account which records details of the amount of credits you have available from time to time
"Telecom Prepaid Services" means voice, SMS, data and any other Services provided by us where you pay the Charges in advance by purchasing credit before using the Services
"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
"we", "our" or "us" means Telecom New Zealand Limited
"you" or "your" means the customer who is party to this agreement
3. Commencement of agreement
This agreement starts when you are first allocated a Telecom mobile phone number to use with your Telecom Prepaid Account or when you first credit your Telecom Prepaid Account or when you first use the Services, whichever happens first.
4. Provision of Services
Telecom Prepaid 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 telecommunication 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 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;
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 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;
do not use your Mobile Phone or the Services in a way that is abusive or offensive or for an illegal, immoral or fraudulent purpose;
do not use your Mobile Phone or the Services in a way that interferes with any other person's use of the Services;
do 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 WCDMA Network and which comply with all relevant legislation and regulations;
do not connect a SIM you have obtained from us to any other telecommunications network.
follow the instructions and guidelines (including any Fair Use Policies) we give you about the use of the Services and your Mobile Phone;
do 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;
do not use your Mobile Phone or the Services for voice over internet protocol or messaging over internet protocol;
do 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 a 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, alter or protect the integrity or performance of our Network or our 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, or may recover from you the replacement cost of the Mobile Phone, and may also 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. Such 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 the mobile phone number, other than our obligations under the LMNP Terms; and
you will be responsible for all costs associated with Porting the mobile phone number
If you have not Ported the mobile phone number allocated to you prior to either the termination of this agreement, your Telecom Prepaid Account being deactivated 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 using 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, 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 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 comes with 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, we will have no obligation to make a refund to you for the credit left on your Telecom Prepaid Account and 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 else 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 supplied by someone other than us is damaged as a result of the 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 other equipment until you have paid for it in full. The Mobile Phone or other equipment will be at your risk from the time it is received by you
8. Charges and your account
In order to use the Services you will need to have a Telecom Prepaid Account which is in credit. As Charges are incurred they will be deducted from the credit balance of your Telecom Prepaid Account. You can add additional credit to your Telecom Prepaid Account by buying and registering a Telecom Prepaid Service card or voucher or by using one of the other means of payment accepted by us from time to time. For more information on how to top up your Telecom Prepaid Account please refer to the Telecom Website or contact Telecom Customer Services. No bill will be sent to you in relation to your use of Telecom Prepaid Services
Each Telecom Prepaid Service card or voucher has an expiry date printed on it and cannot be used after that date. We will not give refunds for any cards or vouchers not used by their expiry date. If you have a Telecom Prepaid Service card or voucher which has not reached its expiry date and appears to be faulty, just fill in the complaint form available from any Telecom retailer or by contacting Telecom Customer Services. Send the form with the faulty Telecom Prepaid Service card or voucher to Telecom, FreePost No. 4083, Private Bag 92028, Auckland. We will check the card or voucher and, if it is faulty, send you a replacement card or voucher
The Charges for calls made from your Mobile Phone are set out in your Prepaid Plan. Generally, there is a minimum one minute charge for each call and after the first minute calls are charged either per second or are rounded up and charged by the minute, depending on your Prepaid Plan. Please see your Prepaid Plan for more information about Charges for calls. The Charges for our other 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 14
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 the credit balance on your Telecom Prepaid Account is used up while you are on a call, the call will be automatically disconnected. We will not be liable for calls being disconnected after your credit has been used up
If you have no credit on your Telecom Prepaid Account you will not be able to make any outgoing calls (except to emergency services on 111 or to Telecom Customer Services) or use any other Services that would incur a Charge
Once you add credit to your Telecom Prepaid Account you will need to use that credit within a period of 12 months. Any credit not used within 12 months will expire and you will need to add additional credit in order to use the Services. We will not give you a refund for any credit that expires
You must add credit to your Telecom Prepaid Account at least once every 12 months, otherwise your Telecom Prepaid Account will be deactivated. If this happens, clause 10.2 will apply.
If you get a new mobile telephone number or SIM you may need a new Telecom Prepaid Account for that number or SIM. Credit may not be transferred from one Telecom Prepaid Account or SIM to another Telecom Prepaid Account or SIM
9. Withholding, suspending or restricting services
We may withhold, suspend or restrict your use of any or all of the Services or disconnect you from the 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, including any terms and conditions relating to Additional Services;
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 that your Mobile Phone or SIM has been lost or stolen
When we withhold, suspend, restrict or disconnect a Service for the reasons set out in clause 9.1 above, you may 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 Services, including Additional Services, on giving reasonable notice
10. Giving up or ending services
You may end this agreement at any time for any reason by:
simply ceasing to add credit to your Telecom Prepaid Account at least once every 12 months (see clause 8.9 above);
contacting Telecom Customer Services;
upgrading to one of our Telecom Postpaid plans; or
Porting your mobile phone number to another Mobile Service Provider.
If this agreement ends for one of the reasons in clause 10.1:
any unused Telecom Prepaid Service cards or vouchers you have will still expire on their expiry date;
any unused credit on your Telecom Prepaid Account will lapse;
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 another Telecom mobile call plan covered by another agreement with us) or unless it has been Ported prior to giving up the Services, any mobile phone number allocated for you to use under this agreement will no longer be available to you
You may temporarily or permanently give up any Additional Service by calling Telecom Customer Services
If you end this agreement or give up any Service and later want it reconnected, you may have to pay a reconnection charge and purchase a new SIM
We may decide to stop providing any 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
11. 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 contribute to your expenses by sending you Telecom Prepaid Service cards or vouchers, or by adding credit to your Telecom Prepaid Account, to the value we consider appropriate in the circumstances. For us to consider your claim, you must tell us within one month after the relevant Service is affected. Telecom Prepaid Service cards and vouchers and credits are not 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 are they available where you have not tried to minimise your loss
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 11.1 sets out your ability to claim compensation from us. Subject to clause 11.2 (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 11.3 does not apply, then the maximum combined amount all the people listed in clause 11.3 (together) will have to pay to you and anyone claiming through you (together) in respect of claims in connection with this agreement is:
$5,000 for any one event or circumstance or series of related events or circumstances; and
$10,000 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 11.2 for more information.
12. 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 circumstance 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.
13. 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
14. 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 11.3
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 detrimental effect on you. In all other cases we will try to give you one months' 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
15. 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 notice on the Telecom Website.
16. 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.
17. Transferring our responsibilities
We may transfer to someone else all or any part of our side of the agreement you have with us.
18. 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.
19. 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.
20. 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.
