Smart Rural Broadband Terms and Conditions
Welcome to 2degrees. Please read these terms and conditions carefully as they set out the basis on which we will provide Services to you.
From the earlier of you applying for an Account or the set-up of your Account you are deemed to have accepted these terms and conditions.
This Service is not suitable for fax; EFTPOS; monitored alarms; medical alarms; or sky modems. If you use one of these services you will need to retain a fixed land line.
Additional terms may apply to some of our Services. We will let you know when additional terms apply. Sometimes we may make special offers which are subject to other terms. If you accept one of those special offers, then the terms and conditions of that offer will also apply.
We may change our terms and conditions from time to time, and this may include changes to the price of the Services and/or the way you are able to use the Services. We will only make these changes as set out in clauses 77 to 80, and will at all times comply with relevant laws and regulations in making these changes.
We also may terminate our Agreement with you or suspend or terminate the Services being provided to you, including where you are in breach of this Agreement, including our Fair Use Policy or you use the Services in an offensive, abusive or an unlawful manner. For more information on our main termination rights see clauses 67 to 75.
If you have any questions regarding your Account, the Services or these terms and conditions please contact us at email@example.com or on 0800 022 202, or visit www.2degrees.nz.
All rates are inclusive of GST.
Subject to these terms and conditions, you may sign up to the following plan:
a)170GB Plan - $85/month
When you reach your 170GB data limit, extra data will be automatically charged at $15 for each 20GB block. Extra data charges will be applied to your next Bill.
1. Your term will start from the date your Connection is Activated. This Service is deemed to be activated when your wireless modem first connects to the network.
2. If you sign up to a fixed term Plan, you agree to receive the Services for at least the length of that fixed period. After the fixed period, we will provide the Services to you on a month by month basis until they are terminated in accordance with this Agreement.
3. If you have signed up to a fixed term Plan, you agree to pay:
a. $15 for delivery of your 2degrees Modem; and
b. an early termination charge of $199 if you leave before the end of the term. If you terminate and leave before the end of the term and do not return the modem to us you will be charged $299, or $199 if you terminate and leave after the end of the term.
4. If you do not sign up for a fixed term, we will provide the Services to you on a month by month basis until they are terminated in accordance with this Agreement.
5. By signing up to an open term Plan, you agree to pay:
a. $299 for a 2degrees Modem; and
b. $15 for delivery of your 2degrees Modem.
About our Services
6. Our Services are not available to all customers in all areas. We cannot guarantee the availability of a Service until connected. We may cease to provide Services to you if it is no longer available in your geographic location.
7. We are not obliged to provide the Services unless we accept your application. We have the right to decide to provide the Service, or not to accept any application for the Service.
8. Our Services are delivered by a wireless 4G network. 4G speeds and services are only possible in 4G coverage areas. 4G coverage is not available everywhere. Compatible 4G devices are required for 4G services to work.
9. You may not use your 2degrees Modem to receive the Services at any location other than the installed location. If you are moving, please contact us. If you are moving to a location within our rural broadband coverage area, you may be able to continue to use the Service subject to network coverage. If you are moving to a location outside our rural broadband coverage area, you will need to terminate your contract with us. Early termination charges may apply.
10. We will use all reasonable efforts to ensure that the Services are reliable and available at all times, and will use skill and care in doing so. However, we cannot promise that our Services will always be available or fully-functioning. If our Services are unavailable for any reason we will endeavour to restore the service as soon as possible. If there is a problem with your Service, please contact us at firstname.lastname@example.org or on 0800 022 202.
11. Any static IP addresses provided for your use under this Agreement remain the property of 2degrees.
12. The Services are offered for your individual private and personal use and benefit only. The Services must not be used for contact centres, auto-dialling, continuous call forwarding or telemarketing, resupply, resale, onsale or any other supply to a third party, or use which 2degrees considers is or may be detrimental to or interferes with our provision of a Service to you or any other customer or interferes with our network or equipment.
13. This Service is not able to be used as a gateway server.
14. All traffic (upload and download) will be counted towards your data usage.
15. 2degrees reserves the right to manage traffic at peak times to improve the overall performance and experience of our Services among our customers. In particular, we reserve the right to prioritise specific types of traffic over other traffic at times of congestion (and for limited time periods) where we consider there will be significant customer interest in the specific type of traffic and these actions are necessary to ensure customers receive an acceptable Service.
16. 2degrees will provide you with a 30 day money back guarantee if you are unable to use the Services due to the fact you are outside the rural broadband coverage area. If the Service is not available at your installation address you may call us on 0800 022 202 and we will refund you. A refund will be made in the same tender as the original purchase. Please note that if you rented the modem from us, you will need to return it to us as new or you will have to pay a $299 modem fee. We will provide instructions on returning the modem when you cancel.
Installation and Equipment
17. The Services require a 2degrees Modem.
18. 2degrees will provide you with the 2degrees Modem so you can connect to the Services. If you have signed up to a fixed term plan, we will retain ownership of the 2degrees Modem and you must return it to 2degrees on our request. This modem requires mains power. In the event of a power failure, your rural broadband service will not be available, including access to emergency services. Make sure you have a charged mobile phone available for use in power outages including for emergencies.
19. Broadband speeds may vary due to factors controlled by you such as your premises’ connection, wiring and internal WiFi, interference from electrical devices, the location and quality of the websites you choose to view and the software you may have downloaded (malicious or otherwise) and the number of users in your household. The day to day performance will also be affected by the network.
20. You may purchase Add-On Services for your Plan. Any specific terms and conditions that relate to those Add-On Services will be published by us on 2degrees.nz.
21. Unless stated otherwise, Charges for Add-On Services will initially be pro-rated from the date of Activation until the next Billing Due Date when Charges will recur and be payable in advance until terminated.
2degrees Pay Monthly Bundle Discount
22. If you are a 2degrees Pay Monthly mobile customer and have a 2degrees rural broadband Plan you are entitled to a $10 discount on your 2degrees monthly Plan Charge. Only one $10 discount applies per 2degrees Pay Monthly mobile customer per broadband connection.
23. Your 2degrees mobile phone number needs to be loaded into Your 2degrees Broadband to be able to activate the $10 bundle discount.
24. If you terminate your 2degrees Pay Monthly account you will no longer be eligible for the $10 bundle discount.
25. You must not use or permit our Services to be used in any way, which;
a. Breaks any law; or
b. Infringes anyone's rights; or
c. Is malicious, obscene or offensive; or
d. Damages or compromises the 2degrees network or that of any other operator.
26. You must keep confidential any password or PIN number which is used by you to access our Services and we recommend, for security reasons, that you change these on a regular basis. We may make a reasonable request for you to change your password or PIN in a timely manner.
27. You must comply with any reasonable restrictions we impose or directions we give regarding the use of our Services, including in accordance with any applicable policies that may apply to any Service(s) from time to time. We will let you know if any policies apply to your Service(s) by publishing these on our website.
28. You must notify us if you wish to terminate your Agreement or Service(s). The process for terminating your Agreement or Service(s) is set out in clause 77 to 85 below.
29. You must not bundle, resell, or otherwise on-supply the Service(s) to others.
30. You must immediately report to us any misuse of your Services or disclosure of your Account and/or Account information.
31. We do not control the information that can be accessed through the internet. Accordingly, we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our Services. We are also not liable for any viruses or other harmful code which you may download via the Internet or which may be otherwise transmitted to you via our Services.
Fair Use Policy
32. All of the Services are subject to the Fair Use Policy. Your use of the Services must be fair, reasonable and not excessive, as reasonably determined by us by reference to average and/or estimated typical customer usage of the Services. We will consider your usage to be excessive and unreasonable where it:
a. materially exceeds the average and/or estimated use patterns over any day, week or month (or other period of time as determined by us); and
b. causes us to incur additional costs or affects the performance of the Network or affects another 2degrees’ customers’ use of or access to the Services,
33. Where we offer any included Services under a Plan or other Service, such use is offered for your individual private and personal use and benefit only. In no case does any Service allow for activities aimed at making profit or reselling the Service or using the Service in an unfair or excessive way and any such use of the Services by you is a breach of this Agreement.
34. For the avoidance of doubt, fair use of our Services excludes activities such as auto-dialling, premium services, continuously call forwarding, tele-marketing, call centres or other activities that use our services for commercial gain and use of cellular trunking units (including SIM boxes and GSM gateways).
35. If in our reasonable opinion we consider your usage to be Excessive Usage or in breach of
clause 32 may immediately suspend, modify or restrict your use of the Services or withdraw in full or in part your access to the Services without notice to you.
Information supplied by you
36. You confirm that all information you provide to us in relation to your Account is true and correct and you undertake to provide us with such factual information that we reasonably consider necessary from time to time. We reserve the right to request original documentation.
37. You must advise us when any of your personal information changes (for example if you change your name, email address, contact details or address).
38. If we suspect that information supplied to us is false, or that information about a person has been supplied without their knowledge or consent, we may delay setting up your Account, or suspend any affected Account or the Services, while we investigate. If we are satisfied there has been no breach of this clause, we will re-activate the Account(s) or reinstate the Services. If we are not reasonably satisfied we may immediately terminate this Agreement. You acknowledge that you will have no claim against us in respect of any delay or refusal to set up your or any other Account, the termination of your or any other Account, or the suspension of your or any other Account or the Services as a result of this clause.
Use of information and privacy
41. You agree that all intellectual property rights in the Service(s) and any improvements or changes we make to any Service(s) belong exclusively to us.
42. The Activation of your Account is conditional upon you completing the Account set up a process, which may include a credit check.
44. We may decline to set up your Account where you do not meet our credit criteria, including if you do not give us the names of any credit referees when we ask them. We may also terminate your Account or refuse to provide any Service to you if you fail to meet any further credit check that we carry out after your Account is set up. The way we establish our credit criteria is at our discretion, and we are not required to disclose our credit criteria or the reasons for any decision we make in respect of your credit status.
45. We may require a security deposit and/or impose other payment conditions on your Account such as a mandatory payment method or a credit limit when setting up your Account or during the term of this Agreement. If you ask for any additional Services to be added to your Account, we may ask you to provide us with further credit referee(s) and/or security deposit and/or we may impose a credit limit or other payment conditions on your Account. Where we impose any payment conditions on to your Account, this will not be considered a change to the Services as stipulated by clauses 88 to 91 of this Agreement and those clauses will not apply.
Charges and Billing
46. Unless stated otherwise, we will bill you monthly in advance for the Services. Any excess Charges (such as toll calls (if applicable) and excess broadband data) will be charged at your next billing date. The Charges for the Services may be changed by us, and/or new Charges introduced from time to time.
47. Your monthly billing cycle will start on the date your Connection is Activated. Activation is deemed to be when your 2degrees modem first connects to the 4G network. For the avoidance of doubt, this means your first monthly Bill Payment will be taken via your selected method of payment on this Activation date.
48. We will email to you and/or make available your Bill on or about 25 days prior to your Billing Due Date. You can also view your Bills by visiting Your 2degrees Broadband. We reserve the right to amend your Billing Due Date and to send you interim Bills.
49. You are liable for all Charges incurred under your Account, no matter who incurs them. For the avoidance of doubt, you will not be liable for any Charges caused by us acting negligently or wrongfully.
50. We reserve the right to charge you for the reasonable costs we incur in the enforcement of any rights contained in this Agreement, including any reasonable legal fees or reasonable costs incurred to collect any overdue Charges from you. These costs are payable on demand.
51. We further reserve the right to charge you a reasonable fee if you request information we hold about you on your Account, including call data information or other use of the Services. The fee we charge for such requests will take into our reasonable costs associated with retrieving that information.
52. At the end of this Agreement we can use any remaining credit balance left on any of your Accounts with us or use any moneys we owe you to recover any outstanding Charges. We will refund you any unused credit or security deposits remaining on your Account after all outstanding Charges are paid.
53. If there is a mistake on your Bill, please let us know as soon as possible. In any event you must pay your Bill by the Billing Due Date. If upon our investigation we find that there has been a mistake with your Bill, we will apply any correction to your next Bill.
54. You must pay the amount set out in your Bill by the Billing Due Date.
55. We require either a credit card or direct debit authority for all Accounts.
56. We will use your selected method of Payment when a Billed amount is outstanding on the Billing Due Date.
57. We reserve the right to require immediate payment of any Charges in excess of any credit limit applied on your Account or any usage in breach of this Agreement.
58. If Payment has not been made by the Billing Due Date, we may charge interest on all sums outstanding at the Default Interest Rate until the date we receive Payment in full.
59. We reserve the right to charge a reasonable fee for any late or dishonored Payments.
60. If you do not pay any Bill by the Billing Due Date we can, without prejudice to any other rights we have, suspend or restrict your use of all or any of the Services without giving you prior notice. You will still be liable for Charges if we are required to suspend or restrict the Services under this clause.
61. We both acknowledge and agree that:
a. you are requiring the Services for business purposes;
b. we are each ‘in trade’;
c. any Services or other goods supplied to you and acquired by you under this Agreement are done so for a business purpose; and
d. the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted at law, and do not apply.
62. Our liability to you:
a. We are not liable:
i. For any loss that is caused by you, or any loss that results from your failure to take reasonable steps to avoid or minimise your loss;
ii. For any loss or corruption of data, loss of business, profits or revenue (anticipated or otherwise), or any form of indirect or consequential loss; and
iii. Where we are unable to provide you with the Services, or carry out our obligations to you under this Agreement because of something beyond our control, for example, failure by a network operator, act of God, earthquake, terrorism, strike, shortage of suitable labour or materials or any other event beyond our reasonable control.
b. We are not liable to you for any loss to the extent it is caused by you (for example, by your negligence or breach of contract).
63. If you use another service provider's services during the period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.
64. If we are liable to you or anyone claiming through you for direct losses arising from our breach of this Agreement or for our negligence, our obligation to pay damages or losses is limited to $5,000 for any incident or series of related incidents or $10,000 for a number of incidents within any 12 month period.
65. Your liability to us:
a. You are not liable to us for any loss to the extent it is caused by us (for example, by our negligence or breach of contract);
b. You are not liable to us for indirect, special or consequential loss, loss of profit, loss of revenue, loss of business or missed opportunity, loss of data, wasted expenditure or lost savings arising from or in connection with your use of the Services or otherwise in connection with this Agreement; and
c. If you are found liable to us, your liability will be limited to $5,000 for any event or series of related incidents, or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to your obligation to pay any Charges or for any loss or damage caused by fraud, willful breach or wilful damage.
Liability of others
66. We have certain obligations towards other network operators and our dealers, Agents and suppliers. Those persons (and their officers, employees, contractors, and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the Services we provide or from your use of those Services. This clause creates an obligation for the benefit of other network operators and/or our dealers, Agents, and suppliers and may be enforced or otherwise relied upon by them.
Terminating this Agreement or Services
67. If you choose a 12 month minimum term, early termination and plan transfer charges may apply unless otherwise stated. Early termination charges on a 12 month minimum term will apply.
68. You can terminate your Plan or Add-On Services at any time before your Billing Due Date by calling Customer Care on 0800 022 022 or emailing email@example.com You will still be liable for any Charges incurred prior to that Billing Due Date.
69. We can terminate the provision of any Service to you with 30 days written notice if a third party, including another network operator, does anything that prevents us from supplying that Service to you.
70. We may terminate this Agreement, your Account and/or terminate or suspend or restrict any connection(s) to a Service:
a. Immediately without notifying you if:
i. you are abusive or offensive to our staff, our Agents, or any other person; or
ii. we suspect you of using any of the Services for any unlawful activity or in an offensive way;
b. Immediately by notifying you if:
iii. You breach this Agreement (other than a breach specified in clause 70(a)(i) above) or any other agreement between you and us or any of our related companies and (i) we have notified you that you have breached this Agreement, and you have failed to remedy that breach within 14 days of such notice; or (ii) the breach is material and cannot be remedied; or
iv. You become insolvent, or bankrupt, or make any arrangements with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets or if we have good reason to believe that you are unable to pay the Charges.
71. Where your Account and/or any Service is terminated for a reason that is not due to an unlawful act or omission, or a material breach of this Agreement by us, then you must pay us on termination:
a. Any applicable early termination charges;
b. All other Charges incurred up to the date of termination; and
c. Any other moneys payable by you under this Agreement.
72. If you feel that we are in material breach of this Agreement with you (including by way of an unlawful act or omission) then you must give us written notice setting out the alleged breach in sufficient detail to allow us to conduct an investigation. If we are satisfied that we have materially breached this Agreement with you and have failed to remedy that breach within 28 days of receiving your notice, then you may immediately terminate this Agreement. On termination, you remain liable for any outstanding Charges.
73. You acknowledge that any Add-On Services will also end on termination of your Account.
74. If your Account and/or any connection(s) to a Service is restricted, you will be able to continue using the unrestricted Services and our usual Charges for those Services will continue to apply.
75. Notwithstanding anything else in this Agreement, we may terminate this Agreement and your Account for any reason by giving not less than 30 days prior notice and in this case you will you will not have to pay an early termination charge. You will only be required to pay any other outstanding Charges incurred up to and including the date of termination and return any equipment that we have leased to you.
Rights and Responsibilities that continue
76. Ending this Agreement does not affect any rights and/or responsibilities which are intended to continue after this Agreement ends.
Changing the terms and conditions
77. We may change this Agreement and/or vary any Service at any time in accordance with clauses 77 to 80.
78. If we reasonably believe that a change is likely to benefit you or have no or a neutral impact on you, we may make that change without giving you prior notice.
79. If we intend to:
a. increase our Charges for any of the Service(s); and/or
b. reduce the elements of a Service you are using; and/or
c. change the terms of this Agreement,
and we reasonably believe that change will have only a minor detrimental impact on you, we will give you at least 10 working days’ prior notice, and where possible we will try to give you 30 days’ prior notice before making that change.
80. For any other change, we will give you at least 10 working days’ prior notice, and where possible we will try to give you 30 days’ prior notice.
Termination by you because of a detrimental change
81. If you can demonstrate to our reasonable satisfaction that a change would have more than a minor detrimental impact on you such that the change would:
a. materially adversely impact the way in which you use the Service(s); or
b. materially adversely increase the Charges you would incur from your usual use of the Services; and
c. the change is not one that is specifically provided for in this Agreement or we are required to make by law,
you may notify us that you wish to immediately terminate this Agreement. Notice of intended termination under this clause 82 must be given within 30 days from the time we notify you of the change (“Notice Period”).
82. If you continue to use the Services after the Notice Period you are deemed to have accepted the change.
83. Requests for termination under clause 81 will be considered on a case by case basis, but will not be unreasonably denied. However, we are entitled to transfer you to another available Plan or Service, if we reasonably believe that as a result of such a transfer you would not be in a materially different position from that which you were in prior to the change.
84. If your Agreement is terminated under clause 81 above, you will not have to pay an early termination charge, except if the change arises from, or relates to, a regulatory or legislative charge outside our control (for examples a tax or levy imposed by law), or is in response to a change by a third party supplier for an input required for your Service. You will remain liable for all Charges incurred up to the date of termination.
85. If we are required to notify you of a change under this clause 81, we may do so by bill insert, email or voicemail. Notice of all changes will also be posted on our website, www.2degreesbroadband.co.nz. Please check our website regularly for updates.
Transferring Rights and Responsibilities
86. We may transfer to someone else all or any part of our obligations under this Agreement, and assign or transfer any of our rights under or in connection with this Agreement. Any assignee or transferee will have the same rights and powers as if they were named as 2degrees.
87. You must obtain our written consent to transfer this Agreement. We will not unreasonably refuse any request to transfer this Agreement.
88. If we fail or delay to exercise any right or power under this Agreement, this will not be a waiver of that right or power. Any failure or delay will not prevent us from exercising that right or power in the future.
89. We will not be liable for any delay or failure to provide the Services or any other delay or failure in meeting our obligations under this Agreement to the extent that such delay or failure is caused by any event outside of our reasonable control.
90. We may subcontract or delegate the performance of any of our rights or obligations under this Agreement to any related company, Agent, service provider or other third party. In that case, each of those companies, agents, service providers or third parties and their officers, employees, contractors and agents will have the benefit of any terms of this Agreement that confer benefits on us.
91. If you have any dispute with us in relation to any of the Service(s), or otherwise in connection with this Agreement, please contact Customer Care.
New Zealand Law
92. This Agreement is governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.
“2degrees” means Two Degrees New Zealand Limited, the duly incorporated company having its registered office at Level 2/136 Fanshawe Street, Auckland CBD, Auckland 1010, New Zealand.
“2degrees Modem” means the modem 2degrees have provided to you for the purposes of supplying this Service.
“Account” means your account with us which includes our records of your usage, payments and outstanding Charges in respect of any Services provided to you in accordance with this Agreement.
“Activation” means the installation of your Connection and/or Add-On Service(s) by 2degrees so it is ready for use (and “Activate” shall be construed accordingly).
“Add-On Services” means additional products and services that can be added to your Plan from time to time (and published by us from time to time on www.2degreesbroadband.co.nz).
“Agent” means any third party appointed by us to perform any of our obligations under this Agreement.
“Agreement” means this agreement between us and you comprising these Rural Broadband Terms and Conditions, any specific terms and conditions which apply to a particular Service used by you and any 2degrees policies and procedures published by us from time to time on www.2degreesbroadband.co.nz.
“Bill” means a statement of your Charges (and “Bills” shall be construed accordingly)
“Billing Due Date” means the date on which your Bill is payable by you, and being the date stated as such on your Bill.
“Charges” means all monthly access charges, services costs and usage charges payable in accordance with the terms of any Service and any additional charges payable by you in respect of the Services, including early termination charges.
“Connection” means your specific connection to use the Service(s).
“Customer Care” means our customer care team, contactable by calling 0800 022 022 or emailing firstname.lastname@example.org.
“Default Interest Rate” is the Bank of New Zealand’s base commercial overdraft rate on the Due Date, as determined by us, plus 1.5% per month or any other rate notified to you by us.
“Fair Use Policy” means the policy set out in clauses 32 to 35 of this Agreement.
“Payment” means paying the Charges set out in your Bill.
“Plan” means the rural broadband plan by which the Services are made available to you (as published by us from time to time on www.2degreesbroadband.co.nz).
“Services” means the wireless rural broadband service and related products and services, including Add-On Services (if applicable), made available by us and/or our Agents or approved third party suppliers to you.
“We” or “us” means 2degrees and “our” has a corresponding meaning.
“Working Day” means any day (other than a Saturday or Sunday) on which registered banks are open for general banking business in Auckland, New Zealand.
“Your 2degrees Broadband” means the online self-service portal you can access at www.2degreesbroadband.co.nz and through which you manage certain aspects of your Account.