Retired Share Everything Plans (16 February 2015) Terms and Conditions

1. These terms and conditions apply to you if you have signed up to any Share Everything Plan on a 24 month term prior to 16 February 2015 as per the below:

*Fair Use Policy applies.

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

   Unlimited Calls has the meaning given in clause 7 of these terms and conditions;

   Unlimited Text has the meaning given in clause 11 of these terms and conditions;

   Share Everything Plan means a Plan described in clause 1 of these terms and conditions; and

   Plan Benefit means the minutes, text and data allocation under each Share Everything Plan as set out in clause 1.

4. The rates and conditions below apply when you use your Mobile Phone (or other device) in New Zealand only and have subscribed to a Share Everything Plan.
5. All rates are inclusive of GST.

Unlimited Calls

6. Unless otherwise stated in these terms and conditions, Minutes are only valid for voice calls to any standard landline or mobile in New Zealand and Australia.
7. You will be charged a 0 cent per minute rate for all calls to any standard mobile or landline in New Zealand and Australia on each Billing Date for the term of your applicable Share Everything Plan provided you pay the applicable Plan Charge.
8. Unlimited Calls cannot be used to make calls to premium rate numbers (e.g. 018, 0900) or satellite phones.
9. Notwithstanding clause 6 above, if you are a $149.95 Share Everything Plan customer you may also use your Unlimited Calls to make calls to standard landlines in 30 selected countries and calls to standard mobiles in 10 selected countries published by 2degrees on its website www.2degreesmobile.co.nz. Calls to mobiles and premium rate numbers or other similar chargeable numbers in the applicable countries are excluded.
10. Our Fair Use Policy applies to Unlimited Calls. For the avoidance of doubt your use of Unlimited Calls must be person to person use consistent with our estimate of reasonable use of this service (referencing standard and/or estimated customer profiles). We may take action if we consider your use to be in breach of the Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy, which forms part of our standard Pay Monthly Terms and Conditions and is published by us at www.2degreesmobile.co.nz/fairusepolicy.

Unlimited Text

11. You will be charged a 0 cent per text rate for all text messages sent to any standard mobile in New Zealand and Australia on each Billing Date for the term of your Share Everything Plan provided you pay the applicable Plan Charge.
12. Unlimited Text cannot be used for MMS or texts to premium rate numbers.
13. Our Fair Use Policy applies to Unlimited Text. For the avoidance of doubt, Unlimited Text is only available for person to person use consistent with our estimate of reasonable use of this service (referencing standard and/or estimated customer profiles). We may take action if we consider your use to be in breach of the Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Pay Monthly Terms and Conditions and is published by us at 2degreesmobile.co.nz/fairusepolicy.

NZ Data

14. NZ Data is allocated on your Billing Date and can only be used in New Zealand.
15. If you do not use your full allocation of NZ Data during your Billing month, your unused NZ Data for that Billing month will be carried over to the following Billing month. For the purposes of these terms and conditions, this carry over NZ Data is referred to as “Carryover Data”. Carryover Data (if not used) can be accrued for up to 12 months and will expire on the day prior to the first anniversary of the Billing Date on which this NZ Data was first allocated to you. During any Billing month, your Carryover Data (if any) will always be used before the NZ Data allocation for that Billing month
16. If you consume all the NZ Data available under your Share Everything Plan in any Billing month you must purchase a Data Value Pack to continue using data services until a new allocation of NZ Data is made under your Share Everything Plan on your next Billing Date. You will be charged for any Data Value Pack purchased by you in accordance with the terms of that Value Pack.
17. Data usage per session is rounded up to the nearest 5.12KB increment. Minimum data usage per session of 20.48KB applies.

Plan Bonus

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

Early termination of your fixed term Share Everything Plan

21. You will be required to pay early termination charges if you terminate your fixed term Share Everything Plan prior to the expiry of your term. For the avoidance of doubt, reference to “fixed term” includes a 24 month term.
22. You will also be required to pay early termination charges where we terminate your fixed term Share Everything Plan in accordance with our standard Pay Monthly Terms and Conditions.
23. The amount of the early termination charges that you will be required to pay in accordance with these terms and conditions will be published by us on our website from time to time. See our Retired Carryover Plans/Share Everything Plans ETCs and PTCs for more information.
24. You will not be able to re-sign on to new fixed term on your Carryover Plan once your current term ends.

Terminating your Freedom Term Share Everything Plan

25. If you are a Freedom Term (being month to month/no term) Share Everything Plan customer, you can terminate your Share Everything Plan at any time prior to your next Billing Date by calling Customer Care on 200.
26. The termination of your Share Everything Plan will be effective on your next Billing Date. If your request for termination is made on your Billing Date, your Share Everything Plan will terminate on the following Billing Date. You will receive a final Bill on your final Billing Date covering your final month Plan Charge and any other Charges incurred up to your final Billing Date and you are liable to pay those amounts to 2degrees.

Changing your Share Everything Plan

27. Subject to clauses 28 & 29, you can change your Share Everything Plan to a new available Plan at any time by calling Customer Care.
28. You are not able to transfer from a fixed term Share Everything Plan to:
    1. another available Plan on a Freedom Term; or
    2. to a NZ Carryover Data Plan.

    Moving from a fixed term Share Everything Plan to a Freedom Term Plan or a NZ Carryover Data Plan will be a termination of your current Share Everything Plan and you will be required to pay early termination charges.

29. If you change your fixed term Share Everything Plan to another available fixed term Plan of a lesser Plan Charge you will be required to pay a Plan transfer charge.
30. The amount of any early termination charges that you will be required to pay in accordance with these terms and conditions will be published by us on our website from time to time. See our Retired Carryover Plans/Share Everything Plans ETCs and PTCs for more information.
31. If you transfer your Share Everything Plan to a new available fixed term Plan you will not be entitled to any new Plan Bonus.
32. The transfer of your Share Everything Plan will be effective on your next Billing Date. Your Bill will be adjusted to the new Plan benefits from that Billing Date. We will apply your Plan transfer charge on that Bill.
33. We may refuse to transfer you on to a new available fixed termPlan if you have not paid all of the outstanding Charges relating to your Account with us.

Transferring or switching to another Service or Plan

34. You may be able to transfer your Share Everything Plan to another Service, Plan or Account made available by 2degrees from time to time, subject to these terms and conditions and any other terms and conditions applicable to those Services, Plans or Accounts.
35. Subject to clause 39, we may charge you for transferring your Share Everything Plan in accordance with clause 34 and the amount of that charge will be published by us on our website from time to time.
36. The transfer of your Share Everything Plan will be effective on your next Billing Date, and any transfer charge will be applied in the next applicable Bill received by you (if applicable).
37. We may refuse to transfer your Share Everything Plan if you have not paid all of the outstanding Charges relating to your Share Everything Plan.
38. If you transfer your Share Everything Plan in accordance with these terms you will lose all unused Plan Benefits, any bonus rewards or other benefits associated with your Share Everything Plan.
39. If you are transferring your existing Share Everything Plan to an available fixed term Plan under a 2degrees Business Account with the same or higher Plan Charge and remaining term you will not be charged any Plan transfer charges or early termination charges. However if you are transferring your Share Everything Plan to an available fixed term Plan under a 2degrees Business Account with a lesser monthly Plan Charge then we may charge you a Plan transfer charge. The transfer of your Share Everything Plan will be effective on your next Billing Date. If the request for transfer of your Share Everything Plan is made on your Billing Date, your Share Everything Plan will be transferred on your next Billing Date. You will be liable for all charges due on your Plan up to the date of transfer of your Plan.

Value Packs

40. You may purchase Value Packs in conjunction with your Share Everything Plan in accordance with the specific terms and conditions relating to those Value Packs as published by 2degrees on its website at www.2degreesmobile.co.nz. You will be responsible for any applicable Value Pack Charges.
41. Any Value Packs you purchase will commence on the date of purchase. Value Pack Charges will be included in your next Bill, and subsequent Bills where the Value Pack is recurring, from commencement until you end the Value Pack.
42. If you terminate your Share Everything Plan and transfer to a Prepay Account you may lose all unused Value Pack benefits on transferring to a Prepay Account, and the Value Pack(s) will stop recurring. You will need to re-purchase the Value Pack(s) to your Prepay Account to continue to receive those Value Pack benefits.
43. If you transfer your Share Everything Plan to another Plan or Service offered by 2degrees from time to time you may lose all unused Value Pack benefits and your Value Pack(s) may terminate on the date of transfer to your new Plan or Service.

General

44. Unless provided otherwise by the terms of a Share Everything Plan, all Services are charged at the standard rates set out in our Pay Monthly Standard Rates Terms and Conditions.
45. Subject to any Value Pack conditions, the voice, text and data benefits of your Plan that expire first will be used first.
46. Your Plan Charge and Plan Benefits will be pro-rated from the date of Activation of your Share Everything Plan until your first Billing Date.
47. Because we charge for Services after you use them (in arrears) you will receive a final Bill on your final Billing Date covering your final month of Plan Charge and all other Charges incurred up to your final Billing Date.
48. You will remain liable for all Charges incurred up to the date we end your Account with us.
49. You will be able to view your Account usage and Bills for 3 months after you terminate your Share Everything Plan with us by entering your email address (rather than your Mobile Number) together with your password in the Your 2degrees login screen.
50. Plan Benefits cannot be transferred to any other person or to another account you or any other person may have with us.
51. We may change the Plan Benefits under any Share Everything Plan, or these terms and conditions at any time at our discretion. We will do our best to notify you before we make any changes to the Plan Benefits applicable to your Share Everything Plan. We will not be liable to you if you do not receive any such notification. New Plan Benefits will be applied to your Share Everything Plan from the Billing Date following the effective date of change to the Plan Benefits.