Fixed Line

Terms and Conditions

Application

These terms apply if:

  • you signed up to or re-signed for services from 17 March 2015; and
     
  • you are a business customer and we specified that the Fixed Line Terms and Conditions apply to those services, except to the extent we agree otherwise.

Archived Terms

If you are:

  • a Residential Fixed Line and Broadband customer who purchased services prior to 4 October 2013; or
     
  • a business customer who signed up to or re-signed for fixed line and/or broadband services before 17 March 2015 and we specified that the Fixed Line Terms and Conditions apply to those services,

please see your terms here.

Additional Terms and Conditions

Where a Service for which you have applied is subject to specific terms and conditions published on our Website, the specific terms and conditions (as amended from time to time) shall form part of this Agreement. If there is any inconsistency between these terms and conditions and any other terms and conditions, then these terms will take precedence, except as expressly stated otherwise.

These terms and conditions may change from time to time. For the most up to date copy, please see vodafone.co.nz/legal/terms-conditions.

It’s important that you read all the terms in full, but some points we want to bring to your attention are as follows:

  • Changes – these terms, your Services and the Charges you pay for those Services can be changed.  When we are able to make these changes, what will happen to your Services or Charges (including the circumstances in which we can change the minimum monthly charge) and how we tell you about the changes is all set out in clause 20.
     
  • Privacy - we may collect information on how, when and where your Users or other representatives use our Services, and use this information to continually provide you innovative products and services tailored for your needs, wherever you are.  If you want to know more about how we collect, use, store and protect information about your Users and other representatives and who we might share the information with, please read our Privacy Policy.

If you have any questions about these terms at any time, please email us using this.

Contents

  1. Commencement and Term
  2. Coverage and Services
  3. Charges and Billing
  4. Pricing Plans
  5. Access to Account and your Information
  6. ID Check, Credit References and Provision of Related Services
  7. Fair Use Policy
  8. Limitation of Liability, Consumer Guarantees Act and Fair Trading Act
  9. Access to Premises
  10. Provision of Hardware and Additional Services
  11. Phone Numbers and Number Portability
  12. Privacy
  13. Directory Assistance and Listing
  14. Suspension and Disconnection of Services
  15. Transferring Responsibilities
  16. Vodafone’s right to end this Agreement or Services
  17. Contacting each other
  18. Rights and Responsibilities that Continue
  19. Network Operators and Other Suppliers
  20. Variations of Charges, terms and conditions and Services
  21. Severable Clauses
  22. New Zealand law
  23. Waiver
  24. Disputes
  25. Force Majeure
  26. Agents of Vodafone
  27. Assignment
  28. Interpretation
  1. Commencement and Term

This Agreement begins on the date on which your Services are activated (or such other date specified in your Sign-up Agreement).

  1. If your connection to our network or a service is for a fixed Term:
    1. This Agreement will continue for the duration of that fixed Term, including the period of any suspension unless the suspension was requested by you in accordance with this Agreement, in which case the period of any such suspension will be added onto the fixed Term.
       
    2. If you terminate this Agreement before the end of that fixed Term you may have to pay Early Termination Charges. You may obtain details of any Early Termination Charges by referring to our Website or by contacting Customer Services.
       
    3. If you re-sign to a new term before the end of that fixed Term, you may have to pay early re-sign charges. You may obtain details of any early re-sign charges by contacting Customer Services.
       
    4. On expiry of that fixed Term, your connection may be terminated by you or us on one month’s notice or any lesser notice period agreed between us.
  2. If your connection to our network or Service does not have a fixed Term, this Agreement continues on a month by month basis until it is terminated in accordance with these terms and conditions. Unless we have agreed otherwise, no Early Termination Charges are payable by you if you wish to discontinue a connection to our network or a Service which is not a fixed Term connection.
  1. Coverage and Services
    1. We will always aim to provide reliable and high quality Services.  However, we cannot guarantee that the Services will always be available, fault-free, and secure or that they will operate free from viruses or other harmful programmes or disabling features. The quality of our Services depends partly on your equipment, hardware or device, partly on our network and partly on the other providers and telecommunications networks to which our network is connected.
       
    2. You agree
      1. To keep any password, PIN number or security code that relates to the Services confidential, and to change any of the same if we request that you do so;
         
      2. To notify us immediately if you believe that someone else has discovered your password, PIN number or security code, or has made fraudulent use of the Services
         
    3. You must remove your email from our mail server promptly, and keep space used by your files to a reasonable level. If you do not regularly remove your emails, or it builds up to an unreasonable level, we may remove it ourselves.
       
    4. The Services have free, mandatory virus and spam filtering activated on them, which prevent our mail servers from forwarding contaminated or spam generated emails to the recipient. However, we cannot guarantee that the Services will prevent every virus or spam item being forwarded, and it will not filter out any virus or spam that do not pass through our mail servers. As such, we recommend that you install current antivirus software and run regular scans of your computer.
       
    5. You agree that you will not use the Services:
      1. in a way which breaks any law or infringes anyone’s legal rights;
         
      2. to obtain unauthorised access to anyone’s computer or communications equipment;
         
      3. to annoy anyone or to interfere with anyone else’s use of our Services.
         
    6. We reserve the right to remove any material from our servers which we consider, in our reasonable opinion, to breach the terms of this Agreement or any law.
       
    7. The Services and/or your connection may be changed, withdrawn, terminated or suspended by us in accordance with this Agreement, in particular clauses 14, 16 and 20.
       
    8. You agree to follow our instructions about the use of the Services and ensure that everyone who accesses the Services through you also meets your responsibilities when using the Services. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the Services. You are responsible for any Users use or misuse of the Services.
       
    9. You agree not to use the Services for any abusive, illegal or fraudulent purpose.
       
    10. Using or agreeing to use the Services does not give you any rights in any part of the Services. You must not resell, in any way whatsoever, the whole or any part of the Services.
       
    11. You agree that if you do not use the Services in accordance with these terms and conditions and, with our Fair Use Policy (if applicable), we may restrict or suspend your use of the Services.
       
    12. You acknowledge that our control of data speeds is limited to our own network. We may use traffic prioritisation policies at any time to improve the overall performance among our customers. Connections to servers outside the Vodafone network are on a “best endeavours” basis, and it may not be possible for you to achieve your desired or expected speed or latency.
       
    13. The integrity or quality of the data or information you send or receive via the Services may be affected or compromised due to the configuration of our network, the use of the internet, or the configuration or limitations of your, or your intended recipient's, hardware or other device.
       
    14. You agree not to use the Services in a manner which we consider to be an out of the ordinary or inappropriate use of the Services.  Activities such as auto dialling, continuously call forwarding and use of Cellular Trunking Units (CTUs) are not permitted.  If your inappropriate use continues after we ask you to stop or alter the nature of such usage, we may without further notice, suspend, modify or restrict your use of the Services or cancel your access to the Services.
       
  2. Charges and Billing
    1. We will send you a Bill for your Charges on a regular basis, starting from on or about when you enter into an agreement with us for the provision of the Services. You must pay the total amount on this Bill by the date specified on the Bill. You will pay the Charges no matter who incurs them or how they are incurred (excluding any Charges that are incorrectly incurred due to our error). We may charge for some Services in arrears depending on when charges come through from other Network Operators and providers. If you do not pay on the due date you will be charged a Late Payment Fee. You will also have to pay any reasonable expenses (including solicitor and own client costs) we incur in collecting any money that you owe to us or in exercising any of our other legal rights. If you receive Bills in paper format, we may charge you for this.
       
    2. You must advise us when you change your address.
       
    3. We will not be responsible if a Bill is not received by you for any reason (excluding due to our error).
       
    4. If there is a mistake on your Bill, please let us know as soon as possible. You may only withhold payment of the disputed part of a Bill. If we agree there has been a mistake, we will correct it. Otherwise, you must pay your Bill by the due date without set-off or deduction. 
       
    5. We can use any credit balance or security deposit in any of your accounts or use any money we owe you to cover your outstanding Charges for any of your Services. We may charge a reasonable account administration fee in relation to accounts we regard as being dormant or for providing statements or for dealing with unused credit balances. Subject to those rights, we will refund any unused credit or security deposits at the end of this Agreement. We will not pay you any interest on any security deposit or credit balance.
       
    6. At our discretion, if you terminate your Agreement prior to the expiry of the Term for any reason other than our default:
  • you will repay to us any credit we have given against your account, pro-rated to the length of the Term remaining; and
     
  • any credit remaining on the account will not be used to set off any Charges or Early Termination Charges.
    1. We can, at our discretion, impose credit limits for your use of the Services and we will try to notify you as soon as we impose such limits. You must observe any credit limits we set from time to time. We may restrict your use of the Services without further notice to you if you exceed the credit limits we have set. However, you will continue to be liable for all Charges incurred in excess of any credit limit in place.
       
    2. We may impose a credit limit on your use of the Services without further notice to you. You will continue to be liable for all Charges incurred in excess of any credit limit in place.
       
    3. Each call is charged at the rate which is applicable when the call is commenced. We will not be responsible for any loss you suffer as the result of an assumption that a particular number is on a particular network (for example that an 021 number is held by a Vodafone customer). 
       
    4. You are responsible for all Charges, and for all calls made and data used under your Account.
       
    5. If you require us to provide you with technical support, or administration services (including, as applicable, provision of paper Bills, service suspension, call barring or re-direction), we may charge you for the costs we incur in carrying out these services. If you require prior notification of our current charges please call Customer Services.
  1. Pricing Plans
    1. You may choose to change from one Pricing Plan to another. If you change your Pricing Plan it is up to you to check what, if any, special terms and conditions there may be for the different Pricing Plans or if there is any fee for changing your Pricing Plan. You may contact Customer Services or visit our Website to obtain information about Pricing Plans.
       
    2. The Charges for additional data and other additional Services shall be as set by Vodafone from time to time. You can contact Customer Services or visit our Website for current details of such charges.
       
  2. Access to Account and your Information

We will be entitled to allow anyone using your PIN to request information or act on your behalf. If you give us any instructions, we may need time to verify them before we act on them.

  1. ID Check, Credit References and Provision of Related Services
    1. You authorise us to check your identity (by obtaining a Driver Check from NZTA), and your credit status with any credit reference agency as we see fit from time to time and to pass on credit information about you to any credit reference agency at any time. If you are not satisfied with the information about you which we receive from any credit reference agency, you must deal directly with the credit reference agency.
       
    2. If you do not give us the names of any credit referees when we ask for them, or we are dissatisfied with the information regarding your credit status, we may decline your application or terminate your access to the Services.
       
    3. We may ask for a security deposit and/or impose other conditions upon approving your application. These may include, but are not limited to, a mandatory payment method or credit limit.
       
    4. If you ask for any additional services, we may ask for further credit referee(s) and/or a security deposit for that Service and may also impose a credit limit. 
       
    5. We may decline your application and/or any request for additional Services or provide a restricted service at our discretion. Subject to any applicable privacy laws, we do not have to disclose our credit criteria or the reasons for our decision.
       
  2. Fair Use Policy
    1. It is important to Vodafone that all eligible Vodafone customers are able to access our services. For this reason, and to ensure the provision of a quality service, our Fair Use Policy applies to some of our services where specifically stated.
       
    2. The Vodafone Fair Use Policy may be updated from time to time. Please check our Website regularly. 
       
    3. If your usage of a particular Service materially exceeds estimated use patterns over any month or is inconsistent with normal usage patterns, then your usage will be excessive and/or unreasonable.  If your usage is excessive and/or unreasonable we may contact you to advise you that your usage is in breach of our Fair Use Policy.  We may then request that you stop or alter your usage to come within our Fair Use Policy.  If your excessive or unreasonable usage continues after we ask you to stop or alter the nature of such usage, we may without further notice, modify, restrict or suspend your use of the Services or cancel your access to the Services.
  1. Limitation of Liability, Consumer Guarantees Act and Fair Trading Act
    1. Subject to the remainder of this clause 8, we will be liable to you for direct losses arising from our breach of this Agreement.  Our liability to you, or anyone claiming through you (whether in contract, tort (including negligence), equity or otherwise), will be limited at all times to $10,000 or the total amount of all Payments made by you in the 6 month period immediately prior to the date of your claim, whichever is the lesser sum. This limitation applies to each claim or series of related claims made by you.
       
    2. We are not liable in contract, tort (including negligence), equity or otherwise for:
      1. 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;
         
      2. any loss of data, loss of profits or loss of revenue; or
         
      3. any consequential, indirect or special loss or damage,

        suffered by you or any other person.
         
    3. For the purposes of section 5D of the Fair Trading Act 1986 (“FTA”) and section 43 of the Consumer Guarantees Act 1993 (“CGA”), the parties acknowledge and agree that, to the extent permitted by law:
      1. the Services provided to you under this Agreement are being provided and acquired in trade;
         
      2. in respect of all matters covered by this Agreement, the parties are contracting out of the CGA and sections 9, 12A and 13 of the FTA; and
         
      3. it is fair and reasonable for the parties to be bound by this clause.
         
    4. All warranties, terms, guarantees, representations and conditions that are not expressly set out in the Agreement are excluded to the extent permitted by law.
       
  2. Access to Premises

You will allow us or our Agents to access your property to perform our obligations under this Agreement. We will always try to give you reasonable prior notice if we require access to your premises and we will ensure that we or our Agents carry sufficient proof of identity. If you do not allow us to access your premises your ability to use the Services may be adversely affected.

  1. Provision of Hardware and Additional Services
    1. If you have acquired any hardware from us, or from one of our dealers or Agents, all claims in relation to those products are covered by the warranty, if any, offered by the relevant manufacturer.
       
    2. If you have acquired hardware from some other source, for example from overseas or second-hand, and it does not support all of the Services offered by us, we are not under any obligation to take any action so that you can access any such Services. 
       
    3. We do not make any warranty as to the accuracy, completeness or currency of any content or material which you may access or have provided to you, using our Services. Where Services are provided by a third party we accept no responsibility or liability for their quality or the nature of their content.
       
  2. Phone Numbers and Number Portability
    1. Phone Numbers allocated to you by us or another Telecommunications Service Provider and do not belong to you.
       
    2. You may Port the Phone Number to another Telecommunications Service Provider. If you wish to do so, you must contact the Telecommunications Service Provider to whom you wish to Port. You will be responsible for completing the Porting requirements of that Telecommunications Service Provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the Porting of the Phone Number to the other Telecommunications Service Provider. You will be responsible for all costs associated with Porting the Phone Number (including any applicable Early Termination Charges). 
       
    3. We may be required by law, under contracts with other Network Operators or for other reasons to change your Phone Number(s). We will do our best to give you notice of any change required. We will not be liable for any costs which you, or anyone else, may incur as a result of such change.
       
    4. If you or we disconnect your connection to the Services, we may allocate your Phone Number to another customer.
       
  3. Privacy
    1. We collect, use and disclose Personal Information about your Users and other representatives in accordance with:
      1. the Privacy Act 1993;
         
      2. the Telecommunications Information Privacy Code 2003;
         
      3. our Privacy Policy; and
         
      4. this Agreement.
         
    2. For the purposes of this Agreement, references to ‘you’ (or similar words) in our Privacy Policy will be construed as references to you and your Users and other representatives.
       
    3. You confirm that your Users and other representatives consent to and authorise our collection and use of their Personal Information in accordance with clause 12(a) and that you have advised such persons of their rights to access and request correction of their Personal Information in accordance with our Privacy Policy.
  1. Directory Assistance and Listing 
    1. If you have a phone service with us, we will give you the opportunity to tell us whether you want information about you and/or your Users to be included in any telephone directory, any similar directory and/or any directory assistance service operated by us or a third party.
       
    2. Unless you tell us that you do not wish to be listed in any telephone directory, any similar directory and/or any directory assistance service, your name(s), telephone number(s) and address details will be given to the directory assistance service provider for listing at your cost.
       
    3. Any arrangement you make to be listed will be a matter between you and that directory listing service only.
       
    4. Even if you elect not to be listed, your number may still be displayed to emergency service providers and to us.
       
  2. Suspension and Disconnection of Services
    1. You may discontinue your connection to our network or give up any Service at any time by calling Customer Services and giving us at least one calendar month’s notice. Your connection to our network or the particular Service will be disconnected one calendar month after receiving your notice and this shall be the date of disconnection. Some Services may be able to be terminated sooner than this.
       
    2. If you request us to, or we elect to, disconnect your connection to the Services, you must pay us in respect of each connection you have:
      1. any Early Termination Charges (if they apply) ; and
         
      2. all Charges incurred until the date of disconnection; and
         
      3. any outstanding Charges and other monies payable by you for the Services.
         
    3. We can suspend, Bar, re-direct or restrict your use of any or all of the Services or disconnect your connection without telling you if:
      1. you do not pay any Charges by the due date;
         
      2. you exceed any credit limit in place or your usage of the Services is unusual or excessive;
         
      3. you become (or are likely to become) insolvent, bankrupt or where you are or might be a poor credit risk;
         
      4. a receiver, manager and receiver, or statutory manager is appointed over any or all of your assets;
         
      5. a resolution for liquidation is proposed or passed or proceedings to liquidate you are filed or presented;
         
      6. you die or, in the case of a partnership, it is or is intended to be dissolved; or
         
      7. you do not remain connected to the Services.
         
      8. you do not abide by the terms and conditions in this Agreement;
         
      9. you make abusive, offensive, malicious or nuisance calls or communications, or use any of our Services in an offensive way;
         
      10. you are abusive or offensive to us, our dealers or Agents, or any other person;
         
      11. we suspect you of using the Services for any illegal or fraudulent activity; or
         
      12. all of the Services are permanently or temporarily (for any reason) unavailable to you; 

and all charges for any Services, including any costs incurred in the suspension or restriction of the Services, will be payable by you in accordance with this Agreement.

d.  If we suspend your use of our Services, we will try to contact you before doing so. We may not suspend Services before disconnecting your connection.

e. Where we suspend, Bar, re-direct or restrict the Services all Charges will continue to apply.

  1. Transferring Responsibilities
    1. We may transfer to someone else the whole of this Agreement and/or any interest in our network.
       
    2. Your interests in this Agreement are personal to you and you may not transfer or on-sell the Agreement or any benefit or obligation under it to another person without our consent. If you are a company and your effective management or control is changed in any way, we may treat this as a transfer of this Agreement entitling us to end it.
       
    3. You must pay any costs in respect of recording any transfer to which we consent (including our costs in checking the creditworthiness of the transferee). Vodafone’s normal credit criteria will apply to any proposed transferee.
       
    4. Vodafone retains the right to alter its Services and/or terms and conditions for the proposed transferee.
       
  2. Vodafone’s right to end this Agreement or Services

Notwithstanding any other clause in this Agreement, we may disconnect your connection or terminate particular Services:

             i.  if any of our licences to operate our network end or are suspended or any agreement with a third party which is required to provide the Service expires or ends; or

             ii. if, for any other reason, the relevant Service is no longer viable, we or a service provider are unable to provide it, we or a service provider are withdrawing it from general availability, or we or a service provider are replacing it with a new service,

provided that, in either case, we will try to give you advance notice and you will only have to pay any outstanding Charges incurred up to and including the time of disconnection.

  1. Contacting each other
    1. If you need to contact us for any reason you can do so by:
      1. calling Customer Services; or
         
      2. contacting us via our Website. 
         
    2. Subject to clause 20(f), if we need to notify you of anything we may do so by
      1. by e-mail if you are an internet customer, or a customer for any other Services who has supplied us with an email address;
         
      2. by post;
         
      3. by phone;
         
      4. short message service (SMS);
         
      5. by a notice on our Website;
         
    3. If your contact details change you must tell us. You will be deemed to have received any notice which was sent to your last known email or postal address. 
       
  2. Rights and Responsibilities that Continue

Ending this Agreement does not affect any of the rights or responsibilities which are intended to continue or to come into existence after this Agreement ends including (without limitation) any obligation you may have to:

                        i. pay any outstanding Charges;

                        ii. pay any applicable Early Termination Charges;

                        iii. and return any Vodafone hardware you may have on loan from us or any of our dealers or Agents, or pay any outstanding amounts in respects of such hardware.

  1. Network Operators and Other Suppliers
    1. None of our officers, employees, contractors or Agents, nor any other Network Operator and/or third part supplier (including their officers, employees, contractors and agents) will 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 or from your use of those services and our network, including (without limitation) your access to and use of any Telecommunications Service Provider’s site or Network Operator's networks. This clause creates an obligation that other Network Operators and/or our dealers, Agents and suppliers can enforce, whether as a defence or otherwise.
       
    2. You acknowledge that certain equipment and lines installed on your property and used to provide the Services are ours, another Network Operator’s, or a third party’s, and you waive any rights, title or interest in them. Such equipment and lines are not fixtures and may be removed without recourse to legal proceedings. You agree to obtain any building or landowner authorisation necessary for us or another Network Operator to install, inspect, maintain, replace, or remove that equipment and lines, and will supply us with any contact or other information we reasonably require to assess what authorisations, licences or consents are necessary for that purpose. You acknowledge that other Network Operators may require access to your premises in order to provide the Services, and that, if such access is denied, there may be interruptions to, or disconnection of, the Services.
       
    3. If the Service you take from us under this Agreement is delivered using Chorus New Zealand Limited’s fibre network, you agree to Chorus New Zealand Limited’s end user terms (End User Terms), a copy of which is posted on our Website. You also agree that you will, if Chorus New Zealand Limited so requests, sign a copy of those End User Terms as further evidence of your agreement.
       
  2. Variations of Charges, terms and conditions and Services 
    1. If your connection to our network or a Service is for a fixed Term, then, during that fixed Term:
      1. We may change the minimum monthly Charge or other minimum Charge for your Base Plan or Early Termination Charge if the change is a result of a Regulatory Event or a change in the price from a third party supplier (such as a Network Operator) of a direct input required for your Service.  We will give you notice of any such change as set out in clause 20(f) and may need to get your consent or allow you to take certain actions in accordance with clause 20(b).
         
      2. We may also change the minimum monthly Charge or other minimum Charge for your Base Plan or Early Termination Charge for any reason other than the reasons set out in clause 20(a)(i).  We will give you notice of such change as set out in clause 20(f) and may need to get your consent or allow you to take certain actions in accordance with clause 20(b).
         
      3. We may change or introduce other Charges (excluding the minimum monthly Charge) at any time.  We will give you notice of such change as set out in clause 20(f).  Clause 20(b) will not apply to changes made under this clause 20(a)(iii).
         
    2. If we reasonably consider, or you can show us and we agree, that a change under clause 20(a)(i) or 20(a)(ii) (but not a change under clause 20(a)(iii) or 20(c)) has a material detrimental effect on you, we shall either:
      1. get your consent to the change; or
         
      2. allow you to change Pricing Plans or terminate the relevant Service within one month of the date of our notice of the change without any Early Termination Charge or transfer fees.
         
    3. If your connection to our network or a Service:
      1. was for a fixed Term, but that fixed Term has ended; or
         
      2. is otherwise on an open Term,

        we may change and/or introduce Charges.  We will give you notice of such change as set out in clause 20(f).  Clause 20(b) will not apply to changes made under this clause 20(c).
         
    4. We may change or withdraw a Pricing Plan or Service from time to time.  We may also move you to another Pricing Plan at any time if you will be better off.  We will give you notice of any such change in accordance with clause 20(f).  All changes to Charges are subject to clauses 20(a) – (c).
       
    5. We may change the terms of this Agreement from time to time.  We will provide you notice of any such change in accordance with clause 20(f).  All changes to Charges are subject to clauses 20(a) – (c).
       
    6. We will give you notice of any change (and the change shall take effect) as follows:
      1. If we reasonably consider that a change will have a neutral or positive effect on you, we can make the change immediately and do not need to give you any notice.
         
      2. If we reasonably consider that a change will have a minor detrimental effect on you, we will give you a minimum of 10 Business Days’ notice (or one month’s notice where possible) of the change by:
        1. Individual Notice where the change is made under clause 20(a)(i) or 20(a)(ii); or
           
        2. posting a notice on our Website or Individual Notice where the change is not made under clause 20(a)(i) or 20(a)(ii).
           
      3. If, we reasonably consider that the change has a material detrimental effect on you, we will give you:
        1. at least one month’s notice where the change is made under clause 20(a)(i) or 20(a)(ii); and
           
        2. at least 10 Business Days’ notice (or one month’s notice where possible) where the change is not made clause 20(a)(i) or 20(a)(ii),

          by Individual Notice.
      4. Notwithstanding anything else in this Agreement, we reserve the right to urgently change the terms of this Agreement if required by law or where necessary for security reasons, to prevent fraud or for technical reasons and may reduce any notice period in those circumstances. 
         
    7. We will consider you to be affected by a change for the purposes of this clause 20 if you have used or have been billed for that particular element of the Service affected by the change during the three months (or up to six months where we consider it appropriate) before the date of our notice of the change.
       
    8. In addition to (and without limiting) any of our rights under this clause 20, we may change, from time to time, the technology or other means by which we provide the Services to you.  We are not required to give you notice of any such change.
  1. Severable clauses

If for any reason any clause of this Agreement is deemed to be unenforceable, all remaining clauses in this Agreement shall remain binding on you.

  1. New Zealand Law

This Agreement is governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand Courts.

  1. Waiver

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.

  1. Disputes

If you have any dispute with us or our Services, please refer that dispute, initially, to Customer Services. If Customer Services are unable to resolve your concerns the matter will be escalated to the Customer Operations Support Manager.

  1. Force Majeure

We will not be liable for any delay or failure of the Services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event beyond our control.

  1. Agents of Vodafone
    1. We shall be entitled to subcontract or delegate the performance of any of our rights or obligations under this Agreement but any such subcontracting or delegation will not relieve us from liability for performance of any such obligation. Without limiting this, we may appoint an Agent to provide billing services (including credit checking and control) and customer services.
       
    2. Invoices issued by our Agent will be binding on you and payment of those invoices in full to our Agent will be a valid discharge of your liability to pay those invoices under this Agreement.
       
    3. Our Agents can enforce those obligations expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
       
  2. Assignment
    1. You may assign any of your rights and obligations under this Agreement to any other person provided that you have obtained our prior written consent (such consent not to be unreasonably withheld).
       
    2. From time to time we may assign any of our rights and obligations under this Agreement without your consent.
       
  3. Interpretation
    1. In this Agreement, unless the context otherwise requires:
      Account Holder” means the Vodafone customer who is liable for all of the Charges payable under this Agreement.

      Agents” means any contractors, providers, dealers or agents appointed by Vodafone to perform any of Vodafone’s obligations under this Agreement.

      Agreement” means these terms and conditions, the Sign-up Agreement and any additional terms and conditions which apply to the Services.

      Bar” means suspending access to Services and may be either an Out bar, restricting use of the Services for making calls and accessing the Services, or an In-bar, restricting use of the Services for receiving calls and accessing the Services, or both.

      "Base Plan" means the bundle of entitlements for the Services which we provide to you on a monthly or other regular basis for a minimum monthly Charge or other minimum Charge.

      Bill” means a statement of your Charges (sent in paper format or by email) or an Online Bill.

      Business Day” means any day other than a Saturday, Sunday or public holiday in New Zealand (other than regional holidays).

      Charges” means any charges for the Services as set out or referred to in the Pricing Plan or referred to in this Agreement (excluding any charges that are incorrectly incurred due to our error).  These may include a minimum monthly charge or other minimum charge for your Base Plan, additional charges for Extras, any other charges for the Services provided to you, one-off charges (such as installation or connection fees), and any charges for ancillary services. All Charges, unless otherwise stated, exclude GST.

      "Customer Services" means the Vodafone Customer Services team, which is contactable on the number displayed on our Website.

      Early Termination Charges” means our early termination charges as they apply to you, available on our Website or by contacting Customer Services.

      "Extras” means the optional extra Services we make available to you in connection with your Base Plan and for which you will incur additional Charges. This includes both optional extra Services that may be automatically available for your use in addition to your Base Plan’s entitlements and which you may use from time to time, and recurring optional extra Services which you may choose to add to your Pricing Plan.

Fair Use Policy” means the fair use policy published on our Website and updated from time to time.

GST” means Goods and Services tax as defined in the Goods and Services Tax Act 1985.

Individual Notice” means a notice given to you by email, post, bill insert, bill message, TXT message or any other individual communication.

Late Payment Fee” means the fee for late payment published on our Website from time to time. See more detail of the late payment fee

Network Operator” means us and any third party with which we have entered into: (a) an interconnection arrangement (which provides for the passing of customer communications between us and that third party); or (b) an arrangement to resell wholesale services (including Chorus New Zealand Limited).

 “Online Bill” means an electronic statement of your Charges accessed by you through our Website;

Payment” means payment to your Vodafone account by any means made available by us from time to time.

Personal Information” means personal information (as that term is defined in the Privacy Act 1993) including telecommunications information (as that terms is defined in the Telecommunications Information Privacy Code 2003).

Phone Number” means the landline phone number which is either allocated to you by us or which you Ported or seek to Port.

Port” means to transfer the Phone Number from one Telecommunications Service Provider to another, according to the approved industry process (and words such as Porting, Ported and Porting process will be construed accordingly).

Pricing Plan(s)” means the Base Plan plus any Extras, and any elements of these. Details of your selected pricing plan will be made available to you at the time you take the Service(s).

"Privacy Policy" means our Privacy Policy as published on our Website as amended from time to time.

Regulatory Event” means any legislative or regulatory change (including, any determination, direction or decision by a regulatory authority, or the introduction of or change to any regulations, reference offer or undertaking) that directly or indirectly has the effect of: altering the terms of this Agreement; making the operation of this Agreement impracticable; materially altering the burden (financial or otherwise) of us providing Services under this Agreement;  making us incapable of performing this Agreement; or causing us (voluntarily or otherwise) to materially alter our operations or structure.

Services” means the fixed line and/or broadband services and related products and services that are made available to you by us or our Agents from time to time.

“Sign-up Agreement” means any application (including any terms and conditions) which you sign or agree to in relation to one or more Services;

Telecommunications Service Provider” means a provider of telecommunications services to the public in New Zealand.

Term” means, subject to any early termination under this Agreement, the period specified in your Pricing Plan or in any extension to or replacement of this Agreement.

User” means identifiable individuals who use the Services.

"Website" means our website at www.vodafone.co.nz.

we” or “us” means Vodafone New Zealand Limited, 74 Taharoto Road, Takapuna, Auckland and “our” has a corresponding meaning.

you” means the Account Holder under this Agreement and “your” has a corresponding meaning.

b. In interpreting this Agreement:
          i. references to either party include its respective successors in title and permitted assigns;
         
          ii. the singular includes the plural and vice versa;

          iii. where a word is defined, its other grammatical forms have a corresponding meaning; and

          iiii. a reference to any day, which is not a Business Day, will be deemed to be a reference to the next Business Day.