2degrees Broadband Terms and Conditions – Prior to 31 October 2022
These 2degrees Broadband Terms and Conditions apply if you signed up for Plan prior to 1 November 2022. If you signed up to a Plan on or after 1 November 2022, please refer to the Broadband Terms and Conditions – from 1 November 2022, which are available here.
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.
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 clause 15, 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 clause 13.
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 022 022, or visit www.2degreesbroadband.co.nz.
1. About our Services
- Our Services are not available to all customers in all areas. We cannot guarantee the availability of a Service until connected.
- We are not obliged to provide Services unless we accept your application. We have the right to decide to provide Service(s), or not to accept any application for Service(s).
- 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, because we rely on networks and equipment which we do not control, we cannot promise that our Services will always be available or fully-functioning. We will not be liable or responsible for anything which occurs as a result of other providers’ infrastructure systems. If our Services are unavailable for any reason we will endeavour to restore service as soon as possible. If there is a problem with your Service, please contact us at firstname.lastname@example.org or on 0800 022 022.
- We will not be responsible for fixing any fault with a Service that is caused by any equipment, hardware or device not supplied, leased or approved by 2degrees for use in connection with the Services, or because you have used the Services incorrectly or in an unauthorised way.
- Our Services are provided using a Carrier Grade Network Address Translation or CGNAT. This means the Services can’t be used in many cases for uses including as a gateway server, supporting inbound originated connections or for hosting particular games unless you purchase a Static IP Address for $10 each per month, more information is available here. Any static IP addresses provided for your use under this Agreement remain the property of 2degrees. Please contact 0800 022 022 for more information.
- The Services are offered for your individual private and personal use and benefit only, or if you are operating or doing business from your residential home, for your own internal business purposes. 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 or a third party’s network or equipment.
2. Your Responsibilities
- You must not use or permit our Services to be used in any way, which;
- Breaks any law; or
- Infringes anyone's rights; or
- Is malicious, obscene or offensive; or
- Damages or compromises the 2degrees network or that of any other operator.
- 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.
- 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.
- 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 13 below.
- You must not bundle, resell, or otherwise on-supply the Service(s) to others.
- You must immediately report to us any misuse of your Services or disclosure of your Account and/or Account information.
- 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.
3. Information supplied by you
- 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.
- You must advise us when any of your personal information changes (for example if you change your name, email address, contact details or address).
- 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.
4. Use of information and privacy
- 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.
5. Credit Check
- The Activation of your Account is conditional upon you completing the Account set up a process, which may include a credit check.
- 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.
- 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 clause 15 of this Agreement and that clause will not apply.
6. Charges and Billing
- The Charges for the Services we provide to you are set out in any specific terms and conditions which apply to a particular Plan, Add-On Service or other Service (as may be published by us on www.2degreesbroadband.co.nz from time to time).
- Unless stated otherwise, we will bill you monthly in advance for the Services. Any usage-based Charges (such as toll calls and excess broadband data) will be charged after you use them (in arrears).
- Your monthly billing cycle will start on the date your Connection is Activated. 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.
- The Charges for the Services may be changed by us, and/or new Charges introduced from time to time. We will notify you of any changes we make and you may be entitled to end this Agreement in accordance with clause 15.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
Please note however that if you are in a fixed term and received an email from us regarding our ADSL, VDSL and Fibre monthly broadband connection prices increasing by $3 a month from 1 September 2022, you may cancel your contract within 30 days of receiving the email and you will not be charged any early exit fees.
- You must pay the amount set out in your Bill by the Billing Due Date.
- We require either a credit card or direct debit authority for all Accounts.
- We will use your selected method of Payment when a Billed amount is outstanding on the Billing Due Date.
- 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.
- 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.
- We reserve the right to charge a reasonable fee for any late or dishonored Payments.
- 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.
8. Installation and access to premises
- Unless stated otherwise, you will be required to pay any connection and/or installation costs for your Services. Where possible, we will let you know what the installation costs (if any) will be before commencing any such work.
- We will need safe access to your premises to perform our obligations under this Agreement, including setting up your Connection. We will contact you to arrange a time to set up your Connection. You confirm that you own the premises where your Connection will be installed, or have all the consents of the owner to install it.
9. Changing plans
- You can change your Plan at any time to a new available Plan or if you are moving house by contacting Customer Care on 0800 022 022 or via Your 2degrees Broadband.
- The transfer of your Plan will be effective on your next Billing Due Date.
- We may refuse to transfer you to a new Plan if you have outstanding Charges relating to your Account with us.
- Depending on where your new house is, we may or may not be able to provide you with the same Service.
- If your Plan change involves a change in Connection, this may involve additional charges such as additional wiring charges to make it possible to provide that Connection.
- If you leave a fixed term Plan before the end of the fixed term period, an early termination charge may apply. Details of any early termination charge will be set out in any specific terms and conditions for Plans (which can be found at www.2degreesbroadband.co.nz).
10. Supply of equipment
This section applies if we provide equipment to you in connection with the provision of Services.
- A delivery charge will apply where we dispatch equipment to you. We will let you know if a delivery charge applies. Details of any current delivery charges can be obtained by contacting Customer Care or visiting www.2degreesbroadband.co.nz.
- If we supply you with equipment on a fixed term Plan and/or you have not paid upfront for the equipment, 2degrees will retain ownership of the equipment until the time that the fixed term period ends or any outstanding Charges are paid, whichever is earlier. If we lease equipment to you on a fixed term Plan 2degrees will retain ownership of the equipment.
- If we supply you with equipment and you terminate within a minimum term period, early termination charges may apply. Details of any early termination charges will be set out in any specific terms and conditions for Plans (which can be found at www.2degreesbroadband.co.nz). If we lease equipment to you and you fail to return the leased equipment when you terminate you will incur a charge. For full details of any early termination and failure to return leased equipment charges see our Broadband Plan Terms and Conditions.
- If we supply equipment to you and if, for any reason, we cannot supply Services to you, equipment supplied under clause 10(b) must be returned to us packaged up like new, including any accessories (if applicable). If it is not returned in such condition, this may affect any refunds due.
- As a consumer you have rights under consumer laws, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in this clause will affect any rights you have, or any obligations we owe you, under those.
If you are acquiring, or have indicated you will use, the Services for business purposes, then we both acknowledge and agree that the guarantees under the Consumer Guarantees Act will not apply.
Our liability to you:
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.
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.
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.
Your liability to us:
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);
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
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.
12. Liability of other network operators and suppliers
- 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.
13. Terminating this Agreement or Services
1. You can terminate your Plan 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.
2. Please note that if you are on a fixed term Plan, early termination charges may apply if you terminate prior to the end of any fixed term. Details of any early termination charges will be set out in any specific terms and conditions for Plans (which can be found at www.2degreesbroadband.co.nz).
3. You can terminate your Add-On Service(s) at any time before your Billing Due Date by calling Customer Care on 0800 022 022, emailing firstname.lastname@example.org, or via Your 2degrees Broadband. You will still be liable for any Charges incurred prior to that Billing Due Date.
4. 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.
5. We may terminate this Agreement, your Account and/or terminate or suspend or restrict any connection(s) to a Service:
- Immediately without notifying you if:
- you are abusive or offensive to our staff, our Agents, or any other person; or
- we suspect you of using any of the Services for any unlawful activity or in an offensive way;
- Immediately by notifying you if:
- You breach this Agreement (other than a breach specified in clause 13(e)(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
- 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.
- Immediately without notifying you if:
6. 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:
- Any applicable early termination charges;
- All other Charges incurred up to the date of termination; and
- Any other moneys payable by you under this Agreement.
8. 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.
9. You acknowledge that any Add-On Services will also end on termination of your Account.
10. 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.
11. If you joined us on or after 2 July 2018, 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.
14. Rights and Responsibilities that continue
- Ending this Agreement does not affect any rights and/or responsibilities which are intended to continue after this Agreement ends.
15. Changing the terms and conditions
- We may change this Agreement and/or vary any Service at any time in accordance with this clause 15.
- 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.
- If we intend to:
- increase our Charges for any of the Service(s); and/or
- reduce the elements of a Service you are using; and/or
- 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.
- 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: 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
- materially adversely impact the way in which you use the Service(s); or
- materially adversely increase the Charges you would incur from your usual use of the Services; and
- 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 15(e) must be given within 30 days from the time we notify you of the change (“Notice Period”).
- If you continue to use the Services after the Notice Period you are deemed to have accepted the change.
- Requests for termination under clause 15(e) 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.
- If your Agreement is terminated under clause 15(g) 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.
- If we are required to notify you of a change under this clause 15, 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.
16. Transferring Rights and Responsibilities
- 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.
- You must obtain our written consent to transfer this Agreement. We will not unreasonably refuse any request to transfer this Agreement.
- 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.
18. Force Majeure
- 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.
- 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.
- 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.
21. New Zealand Law
- 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 Central, Auckland, 1010., New Zealand.
“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.
“Account Owner” means the 2degrees customer that is responsible for the Account and liable for all Charges payable under 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 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.
“Application Form” means any application form completed by you or on your behalf in support of your application for Services under an Account.
“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).
“Content” means information, data, communications, images and sounds, software or any other material contained on or available through the Services.
“Customer Care” means our customer care team, contactable by calling 0800 022 022 or emailing email@example.com.
“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.
“Payment” means paying the Charges set out in your Bill.
“Plan” means the 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 residential broadband services 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.
“You” means the Account Owner under this Agreement and “your” has a corresponding meaning.
“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.