These terms and conditions were updated on 2 October 2017. Find current Consumer terms here.
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 8.
If you have any questions about these terms at any time, please contact us.
- Coverage and availability of the Services
- Use of the Services
- Changing this Agreement
- Your rights to suspend or cancel Services
- Our rights to restrict, suspend or cancel Services
- Credit check
- Access to premises
- Fair Use Policy
- Inappropriate Use
- Changing service provider
- Number portability
- Sending notices to you
- Network Operators and other suppliers
- Transferring this Agreement
- Each individual clause binding
- Consumer Guarantees Act and Fair Trading Act
- Our agents
- New Zealand Law
1.1 If you have any Service with us, these Consumer Terms and Conditions will apply.
1.2 Other terms and conditions will also apply to our Services, including the Key Service Terms and Conditions, Plan terms and conditions, and any offer terms and conditions.
1.3 If there is any inconsistency between these Consumer Terms and Conditions and our other terms, the following order of preference will apply:
- any offer terms and conditions;
- any Plan terms and conditions;
- the Key Service Terms and Conditions;
- these Consumer Terms and Conditions.
1.4 You must be at least 18 years of age to take up our Services (except our Prepay Services or any other Services we choose to make available to anyone).
2.1 This Agreement starts when you first apply for any Service with us.
3. Coverage and availability of Services
3.1 Not all Services are available to all customers or in all areas.
3.2 We cannot guarantee the availability of a Service until connected.
3.3 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.
3.4 If you have a problem with your Service, you should contact Customer Services and we will work to fix the problem as soon as possible.
3.5 We will not be responsible for fixing any fault with a Service that is caused by your equipment, hardware or device, or because you have used the Services incorrectly or in an unauthorised way.
4. Use of the Services:
4.1 You agree:
- to comply with all laws relating to the use of the Service(s), and the terms of this Agreement;
- to follow our reasonable instructions for using the Service(s) and only use the Service(s) for the purpose they are provided;
- to make sure that anyone else who uses the Service(s) that we provide you also abides by the terms of this Agreement;
- that you are responsible for any use of your Service(s); and
- not to resell or resupply the Services or any part of the Service(s).
5.1 We (or our suppliers) will remain the owner of Our Equipment unless we agree otherwise in writing. You agree not to do anything that affects or is likely to affect our ownership rights.
5.2 We will always aim to make sure that Our Equipment remains in good working order but cannot guarantee that it will never break down. If you have any problems please contact Customer Services.
5.3 In return for allowing you to use Our Equipment, you agree:
- to follow our reasonable instructions for using Our Equipment;
- to not tamper or interfere with Our Equipment (including introducing any viruses or disabling mechanisms);
- to contact Customer Services immediately if Our Equipment is lost, stolen or damaged;
- to take responsibility for repairing, replacing or reimbursing us for any item of Our Equipment that is lost, stolen or damaged while under your control. We recommend you cover this risk under your insurance policy;
- to return Our Equipment to us on termination of a Service (or otherwise at our request);
- that we may continue to charge you rental or the replacement cost if you do not return any of Our Equipment on termination of a Service or at our request.
Your equipment, hardware or devices
5.4 You must use appropriate measures to ensure any equipment, hardware or device you connect to our Network is secure.
5.5. If you purchase any equipment, hardware or other device from us or the manufacturer, any claims in relation to those products may be covered by any applicable warranty offered by us or the manufacturer. You will also have any rights available to you under the Consumer Guarantees Act.
6.1 You may change your Plan but if you are still in a fixed contract term, you agree to pay any applicable early termination charges or transfer fees.
6.2 The included entitlements in your Plan:
- will not carry over from month to month (or one period to another) unless expressly stated;
- cannot be redeemed for cash, to pay Charges or any other purpose, and cannot be transferred or assigned to anyone else;
- expire and will be forfeited on disconnection; and
- may not be available to use if your Service is restricted or suspended or if you have exceeded your credit limit.
7.1 All Services (except Prepay):
- We will send you a bill on a monthly basis for your Service(s).
- Some Charges may be billed one month or more in advance or in arrears, and your first bill may include some part-month charges. Sometimes Charges will not show on your bill until sometime after the month in which they were incurred.
- If you choose to receive a paper copy of your bill, we may charge you for this. Otherwise we will send you your bill by email using the contact details you have provided to us. You are responsible for ensuring these details are kept up to date.
- You must pay the Charges by the date specified on the bill.
- You will be required to pay the Charges no matter who incurs them or how they are incurred.
- If you do not pay your bill on time:
- We may charge you a late payment fee. See full details of the late payment fee
- You will have to pay any reasonable expenses we (or anyone acting on our behalf) incur in collecting overdue amounts from you.
- We may restrict, suspend or cancel any of your Services, continue to charge you any minimum monthly charge or other minimum charge for your Base Plan or any recurring Extras while you are restricted or suspended, and charge you a temporary disconnection charge.
- If there is a mistake on your bill, please let us know as soon as possible. You may only withhold payment on the disputed part of a bill. If we agree there has been a mistake, we will correct it. Otherwise, you must pay the full Charges by the due date.
- If you have any questions about your bill, please call Customer Services.
- We may impose credit limits for your use of the Service(s) and will try to notify you of any such limits. You must comply with any credit limit we set. We may restrict, suspend or cancel your use of the Services without notice to you if you exceed your credit limit. You will continue to be responsible for all Charges incurred, including those in excess of any credit limit in place.
- We can use any credit balance or security deposit in any of your accounts, or any money we owe you, to pay any of your outstanding Charges for any of your Services. We may also charge you a reasonable account administration fee for any accounts that are dormant, for providing statements or for dealing with unused credit balances. Subject to this, we will refund any unused credit or security deposit at the end of this Agreement.
- We will not pay you any interest on any security deposit or credit balance.
- If you have an outstanding debt with us, we have the right to transfer that debt to another party who will then have the right to collect that debt from you.
7.2 Prepay Services:
- You will pay for your Prepay Services by topping up your account with us. The credit on your account will then be used to pay any Charges for your Prepay Services. You must use any credit as we will not repay any top-ups you make.
- No bill is provided for your Prepay Services.
- Interest does not accrue on any credit balance you have with us.
8. Changing this Agreement:
8.1 Changing our Charges:
- If you are in a fixed contract term:
- We may change the minimum monthly charge or other minimum charge for your Base Plan or early termination charge, during the fixed period of your contract, if the change is required as 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. If we do make a change pursuant to this clause, we will give you notice as set out in clause 8.4.
- If we change the minimum monthly charge or other minimum charge for your Base Plan or early termination charge for any other reason, we will give you at least one month’s notice, and we will either get your consent or give you the right to terminate without any early termination charge. We will communicate with you individually if we make any change pursuant to this clause.
- We may change or introduce other Charges (excluding the minimum charge for your Base Plan) at any time provided we give you a minimum of 10 working days’ notice (or one month where possible) by either posting a notice on our Website or communicating with you individually.
- If the fixed period of your contract has ended, you are on an open term plan, or you are a Prepay customer, we may change and introduce Charges provided we give you notice as set out in clause 8.4.
8.2 Changing our terms:
- We may change the terms of this Agreement from time to time. When we do, we will give you notice as set out in clause 8.4. However, 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.
8.3 Changing your Services:
- We may change or withdraw our Plans and Services from time to time.
- Where we withdraw a Service, we will move you to, or make available, a comparable replacement Service (and Plan) where possible.
- Where we withdraw a Plan (but the Service remains available), we will always move you to a comparable Plan where possible. If no comparable Plan is available, we will move you to the most comparable Plan to ensure you continue to receive the Service.
- We may also move you to another Plan at any time if you will be better off.
- For any changes under clause 8.3, we will provide you notice in accordance with clause 8.4, and all changes are subject to clause 8.1.
8.4 Notice of changes:
- Changes that have a neutral or positive effect:
- 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.
- Changes that have a minor detrimental effect:
- If we reasonably consider that a change will have a minor detrimental effect on you, we will give you a minimum of 10 working days’ notice (or one month where possible) of the change. We will notify you by posting a notice on our Website, or we may choose to communicate individually with you about such changes .
- If however you can show us that the change has a material detrimental effect on you, we go ahead with the change and you are in a fixed contact term, we will allow you to either terminate your Service or change Plans without any early termination charges or transfer fees.
- Changes that have a material detrimental effect:
- In the case of a change under 8.1.a.i or 8.1.a.ii, we will give you one month’s notice wherever practicable or otherwise we will give you at least 10 working days’ notice. We will communicate with you individually by email, post, bill insert, bill message, TXT message or any other individual communication.
- If you are in a fixed contract term and you show us that the change is material for you, you will have the right to either terminate your Service or change Plans without any early termination charge or transfer fees, if we go ahead with the change.
- How we assess who is affected and who we notify:
- We will consider you to be affected by a change (and therefore provide you notice where required) 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.
- Where appropriate, we will post a notice on our Website.
9. Your rights to suspend or cancel Services:
9.1 Unless stated otherwise in this Agreement, you agree to give us one month’s notice to cancel your Service and to pay any outstanding charges on termination, being the end of the one month notice period. We will stop charging you for your Service one month after we receive your notice, even if we agree to an earlier disconnection as requested by you, or you Port before the end of the one month notice period.
9.2 We will provide you with the Service during the one month notice period, unless you ask us to disconnect the Service earlier (and we agree to the earlier disconnection) or we receive a Porting request to transfer the Service to another provider.
9.3 If you have signed up for a fixed contract term, and cancel or move to a new Plan before the end of that fixed period, you agree to pay any applicable early termination charges or transfer fees.
9.4 If we agree that we are in material breach of the terms of this Agreement for a Service, you will have a right to cancel that particular Service if:
- the breach is something that can be remedied, and we have failed to remedy the breach within 14 days of you telling us; or
- we agree that the breach is something that cannot be remedied.
9.5 You won’t have to pay any applicable early termination charge if you cancel your Service because of our material breach, and we will also refund any credit due to you on your account. You will however be required to pay any other outstanding Charges.
9.6 Please call Customer Services if you have a right under this Agreement to suspend or cancel any Service.
10. Our rights to restrict, suspend or cancel Services
10.1 We may restrict, suspend, or cancel your Service(s) at any time:
a. by giving you one month’s notice; or
b. immediately for the health and safety of any person or the safety and security of our Network;
c. 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 for commercial reasons we can no longer provide the Service (in which case we will try to give you advance notice and provide alternative Service to you); or
d. the Service is permanently or temporarily (for any reason) unavailable to you.
10.2 If we cancel your Service(s) for any reason set out in clause 10.1, you won’t have to pay any applicable early termination charge, and we will refund any credit due to you on your account. You will however be required to pay any other outstanding Charges.
10.3 We may also restrict, suspend or cancel your Service(s) at any time if:
- you are abusive to us, or anyone acting on our behalf, or use the Service(s) in a way that we reasonably consider to be abusive, offensive, inappropriate or a form of harassment;
- you have made multiple complaints without a reasonable basis for doing so, and you continue to make complaints without any reasonable basis after we have requested you to stop;
- we reasonably suspect you (or any third party, with or without your knowledge), of using your Service(s) in a way that is unauthorised, fraudulent or illegal, or in any way that infringes anyone’s legal rights (such as copyright), or you do not follow our reasonably instructions in relation to your use of the Services;
- you (or any third party, with or without your knowledge) use your Services in a way which we reasonable think may damage or negatively impact the operation of our Network, the Services or a third party’s network;
- you vacate the premises where the Service is connected;
- you become, or are likely to become, insolvent, bankrupt or we reasonably consider you to be a credit risk;
- you die, or in the case of a company or partnership, it is dissolved or otherwise ceases to exist;
- you are in material breach of this Agreement and we have notified you and:
- the breach is something that can be remedied, and you have failed to remedy the breach within 14 days; or
- the breach is something which you cannot remedy.
10.4 If we cancel your Service(s) for any reason set out in clause 10.3, you agree to pay any applicable early termination charge and any other outstanding Charges.
10.5 If we suspend your Service(s) for any reason set out in this Agreement, we may require you to pay a re-connection Charge or agree to other reasonable terms as a condition of re-commencing supplying the Service to you.
10.6 If your Service is suspended or cancelled, you may not be able to get exactly the same Service on re-connection (for example, you may lose your previous phone number as a result of any suspension or cancellation).
10.7 If we restrict your Services for any reason set out in this Agreement, you may incur Charges for the restriction put in place (for example, where a toll bar is placed on your home phone line).
11. Credit check
11.1 If you are applying for a Service where we will bill you after you have used that Service, you agree that as part of the application process we can check your identity by obtaining a Driver Check from the New Zealand Transport Authority or checking a copy of your passport, and check your credit status with any credit reference agency. We may also conduct further credit checks while you remain a customer with us. We may pass on credit information about you to any credit reference agency at any time.
11.2 If we are not satisfied with the information provided by the credit reference agency, we may:
- decline your application for the Service;
- provide a restricted Service; or
- ask for a non-interest bearing security deposit and/or impose other conditions on your Service (including a mandatory payment method or credit limit).
11.3 Subject to any legal requirement under the Privacy Act to disclose personal information to you, we do not have to disclose our credit criteria or the reasons for our decision to you.
11.4 If you are not satisfied with the information provided by the credit reference agency, you will need to contact them directly.
12. Access to premises:
12.1 You will allow us or any person acting on our behalf to access your premises to perform our obligations under this Agreement. We will always ensure that proof of identification is carried and try to give you prior notice if we require access to your premises. If you do not allow us to access your premises, your ability to use the Service may be impacted.
13. Fair Use Policy
13.1 This Fair Use Policy applies to our Services (unless we have specifically stated otherwise) to ensure that all our customers are able to access our Services.
13.2 We may apply this Fair Use Policy where in our reasonable opinion your usage of the Service is excessive and/or unreasonable as detailed in this clause.
13.3 We have developed this Fair Use Policy by reference to average customer profiles and estimated customer usage of our Services.
13.4 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.
13.5 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.
13.6 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, suspend, modify or restrict your use of the Service(s) or cancel your access to the Service(s).
14. Inappropriate use
14.1 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 (including using them in a manner which is not personal, domestic or household use).
14.2 Activities such as auto dialling, continuously call forwarding, telemarketing, call centres, and use of Cellular Trunking Units (CTUs), are not permitted.
14.3 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 Service(s) or cancel your access to the Service(s).
15.1 If we give you any password, PIN or security code for your Service(s) or to access your account information, then you will be solely responsible for keeping that password, PIN or security code confidential.
15.2 You must let us know immediately if you think that someone else has discovered your password, PIN or security code or has used your Service(s) fraudulently.
15.3 You can nominate someone else (who must be over 18 years of age) to have access to your account information and to make changes to your account, but you will still be responsible for all use and Charges on your account.
15.4 We can allow anyone using your PIN to request and access information about your account or act on your behalf (although we may need to verify instructions in some instances before we act on them).
16. Changing service provider:
16.1 You understand that when you change service provider:
- if we are your new service provider, we will only provide you with the Service(s) agreed with you, and if there are some services we cannot provide, you will need to ensure these will continue to be provided to you by your previous service provider otherwise you will lose those services;
- there may be consequences for services that you still get from your previous service provider (such as changes in price or availability);
- you remain subject to the terms and conditions of use of your previous service provider and you will still need to pay all charges that you owe them, including any unbilled or outstanding charges and any early termination charges; and
- you will need to ensure your account with your previous service provider is properly closed.
17. Number portability:
17.1 Phone numbers are allocated to you by us or another telecommunications service provider and do not belong to you.
17.2 You may Port the phone number to another telecommunications service provider. To do so, you must contact the telecommunications service provider you wish to Port to and you will be responsible for completing their Porting requirements. We will comply with our obligations under the “Terms for Local and Mobile Number Portability”. You will be responsible for all costs associated with Porting the phone number (including any applicable early termination charges).
17.3 We may be required by law, under contracts with other third parties, or for other reasons, to change the phone number allocated to you. We will do our best to give you notice of any change required. We will not be liable for any costs which you, or any other person, may incur because of this.
17.4 If you or we disconnect your Service(s) and you have not Ported the phone number prior to disconnection, we may re-allocate the phone number to another customer.
18. Sending notices to you:
18.1 If we need to directly notify you of anything we may do so using any of the contact details we hold for you (e.g. by email, post, phone, TXT, etc).
18.2 It is important you tell us immediately about any changes to your contact details. You can do this by calling Customer Services.
Our liability to you
19.1 If we are liable to 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 one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage.
19.2 We are not liable 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; and
- any loss of data, profits or any consequential, indirect or special damage, suffered by you or any other person.
- We are not legally responsible to you if 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 control.
Your liability to us
19.3 You accept liability to us for your breach of contract or negligence, but you will not be liable for any loss to the extent it is caused by us. Your liability under this clause is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to your obligation to pay any outstanding Charges or for any loss or damage caused by fraud, wilful breach or wilful damage.
20.1 Network Operators and other suppliers:
21.1 We have certain obligations towards other Network Operators and our dealers, agents, contractors and suppliers. Those persons (and their officers, employees, contractors and agents) do not accept liability to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind as a result of the Services we provide or from your use of those Services and our Network, including 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, agents and suppliers can enforce, whether as a defence or otherwise.
21. Transferring this Agreement:
21.1 We may transfer this Agreement, but if we do, we will try to tell you this in advance. You must obtain our written consent to transfer this Agreement. We will not unreasonably refuse any request to transfer this Agreement.
22.2.We may monitor and/or record calls made between you and us to ensure that we have a proper record of our dealings with you and also for the purpose of maintaining and improving the quality of our services.
23.Each individual clause binding:
23.1. If any clause, or part of a clause, in this Agreement is found to be unfair or unenforceable, all other clauses, and the other parts of the clause, will continue to apply.
24.1 If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.
25. Consumer Guarantees Act:
25.1 You agree that if you are a business, and have used, or indicated you will use, the Services for business purposes, that the guarantees under the Consumer Guarantees Act will not apply.
26.1 If you have a complaint, please contact Customer Services.
27. Our agents:
27.1 We may subcontract or delegate the performance of any of our rights or obligations under this Agreement but this will not relieve us from liability for the performance of any such obligation.
27.2 We may appoint an agent to provide billing services (including credit checking and control) and customer services.
27.3 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 obligation to pay those invoices under this Agreement. Our agents can enforce those obligations expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.
28. New Zealand Law:
28.1 New Zealand law applies to this Agreement and our Services. You agree that a New Zealand court will hear any claims.
This Agreement contains various words that start with a capital letter and have a defined meaning e.g. “Services”. We set out below what these defined words mean:
- Agreement - these Consumer Terms and Conditions between us and you, together with any other relevant terms and conditions as described in clause 1.2.
- Base Plan – the bundle of entitlements for the Services(s) you select and which we provide to you on a monthly or other regular basis for a minimum monthly charge or other minimum charge (e.g. a mobile bundle that includes a certain amount of data, minutes and TXT messages).
- Charges –
- any charges for the Services as set out in the Plan (excluding any charges that are incorrectly incurred due to our error) or any other charges which 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,
- any taxes, levies, fees or other government charges relating to our services,
- one-off charges (such as installation or connection fees),
- and any charges for ancillary services.
All Charges, unless otherwise stated, include GST.
- Customer Services – for Fixed Services call 0800 438 448 (or 0508 888 800 if you were previously with TelstraClear), for On Account Mobile and Prepay Services call 0800 800 021 or 777 free from your mobile phone.
- Extras - 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 are automatically available for your use in addition to your Base Plan’s entitlements and which you may use from time to time (e.g. additional minutes and TXTs, PXTs, roaming, etc), and recurring optional extra Services which you may choose to add to your Plan (e.g. additional data bundles, international calling bundle, Prepay add-ons etc).
- Key Service Terms and Conditions – the Residential Broadband, TV and Fixed Line Terms and Conditions, and the Mobile Terms and Conditions.
- Network – the communication systems we use to provide the Services (including our own communication systems, the UFB Network and any Network Operator’s communication systems).
- Network Operator – us and any third party which we have entered into:
- an interconnection arrangement (which provides for the passing of customer communications between us and that third party); or
- an arrangement to resell wholesale services (including Chorus New Zealand Limited).
- Our Equipment - equipment owned by us or our suppliers or third parties used to provide Services to you;
- Plan – the Base Plan plus any Extras, and any elements of these. Details of your selected Plan will be made available to you at the time you take the Service(s). Details of Plans currently on sale can be found on the main pages of our Website, and details of retired plans can be found on our retired plans page. Some Plan details may be available in My Vodafone and you can request details of your Plan at any time by contacting Customer Services.
- Port/Porting/Ported - to transfer your phone number (mobile or landline number) from one telecommunications service provider to another, according to the approved industry process.
- Regulatory Event – 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;
- 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 its operations or structure.
- Service(s) - Vodafone’s consumer Mobile and Mobile Broadband services (On Account and Prepay), Broadband, TV and Home phone services (specifically excluding any business, corporate or government services) and any other consumer services that we or our agents may provide you.
- UFB Network – the fibre network built as part of the Government’s Ultra Fast Broadband initiative.
- us/we/our - Vodafone New Zealand Limited.
- you/your - the person who wants to enter, or enters into this Agreement with us for a Service.
- Website - our website at vodafone.co.nz