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Terms - Residential Broadband

Residential Broadband, TV and Fixed Line

Terms and Conditions

These terms and conditions may change from time to time.  Consumer Terms and Conditions also apply.

  1. About
  2. Term
  3. Service availability
  4. Broadband Services
  5. Ultra Fast Broadband (Fibre) customers
  6. Fixed Line
  7. Directory listing
  8. Installation
  9. Equipment and maintenance
  10. Changing address
  11. TV Services
  12. Definitions

1. About:
1.1 If you sign up for any Home Service with us, these terms and conditions will apply in addition to the Consumer Terms and Conditions. Other terms and conditions may also apply to the Home Services you choose, including Plan and offer terms and conditions.  

2. Term:
2.1 Fixed Term:  If you have signed up for a fixed contract term, you agree to receive the Home Service(s) for at least the length of that fixed period. After the fixed period, we will provide the Home Service(s) to you on a month by month basis until they are cancelled in accordance with this Agreement.  You agree to pay an early termination charge or transfer fee if you terminate Home Service(s), change to another Plan, or sign up for a new fixed term on your current Plan before the end of the fixed term you have agreed with us. Your fixed contract term will start from the date your Home Service is connected or otherwise made available to you.    
2.2 Open Term: If you have not signed up for a fixed contract term, we will provide the Home Services to you on a month by month basis until they are cancelled in accordance with this Agreement.

3. Service availability:
3.1 Not all Home Services are available to all customers in all areas.
3.2 Sometimes we may need to temporarily suspend a Home Service so that we or our suppliers (including a LFC) can carry out maintenance and development work on the Network. We will always try to minimise any disruption to you (except in an emergency where this may not be practicable).
3.3 Some Home Services require power to operate and will not work during a power failure. If you cannot use the Home Services, you will not be able to make any telephone calls including to Emergency 111 services.  You may also need to make alternative arrangements if you have a monitored alarm or other legacy device (e.g. a facsimile machine, analogue EFTPOS machine, etc).
3.4 We are free to choose how we provide a Home Service and the technology used to provide it.

4. Broadband Services:
4.1 Our control of data speeds is limited to our own Network.
4.2 Our policy is to provide you with the best broadband experience possible, so we won’t slow down or throttle your connection. However, in some circumstances (such as in the unlikely event of a network attack) we may be required to take reasonable action to protect our customers and effectively manage our network.
4.3 The statements made about the Broadband speed are not guarantees about continuous speed.  Where a download or upload speed is specified, the Broadband Services are capable of burstable speeds up to the speed stated.
4.4 Where a download or upload speed is described as “maximum”, you will receive the highest speed your Broadband connection can deliver. The actual speed your Broadband connection can achieve may depend on a number of things including the condition of your line, the distance from the exchange, the equipment you use (including your computer), the time of day you are connecting, and the Internet use by others connected to the Network at the same time as you.
4.5 All traffic, both upload and download, will be counted toward your data usage.
4.6 Unlimited Broadband Data is to be used for standard residential use only and is not to be used for commercial types of activity or purposes. Non-residential, commercial purposes will include (but is not limited to) selling bandwidth to third parties or running an Internet Service Provider.

5. Ultra Fast Broadband (Fibre) customers:
5.1 If you are not the property owner, you will be required to confirm that you have obtained your landlord’s consent to all works required by the LFC to provide the Broadband Services being undertaken at the property.
5.2 You agree to be bound by your LFC’s end user terms as their network is used to provide the Broadband Services to you.  The current LFC End User Terms can be found at:

6. Fixed Line:
6.1 Where a call is not a local call, there is a one minute minimum charge for home phone calls.  All calls are rounded up and charged by the minute (e.g. if your call was for 1 minute and 40 second, you will be charged for 2 minutes).
6.2 If you call a 0900 or special number you will be charged the rate as published by the telecommunications service provider of that phone number, plus for special numbers, your normal calling rate.
6.3 Each call is charged at the rate which is applicable when the call starts.

7. Directory listing:
7.1 If you have a home phone service with us, we will give you an opportunity to tell us whether you want your personal information included in any telephone or similar directory or directory enquiry service provided or operated by us or by a third party.
7.2 Unless you tell us that you do not want to be listed in the white/yellow pages and/or for directory assistance, your name(s), telephone number(s) and address details will be given to the directory assistance service provider for listing at your cost.
7.3 Any arrangement you make to be listed will be a matter between you and that directory assistance service provider. 
7.4 Even if you elect not to be listed, your number may still be displayed to emergency service providers and to us.

8. Installation:
8.1 You agree to provide us with all information, assistance and consents reasonably requested to enable us, our contractors or suppliers (including a LFC) to obtain authorisations, licences or consents that may be required to provide Home Services to you and to install Our Equipment at your premises.
8.2 We will arrange a time with you to install the Home Services at your premises.  If you live in rented premises, then it is your responsibility to get your landlord’s consent to the installation of the Home Services.
8.3 If we visit your home at the time agreed and we are not able to gain entry, we may charge you for that visit.
8.4 If you are not going to be home on the day scheduled for the installation, you may nominate someone else to meet us.  The nominated person must be at least 18 years of age and must be able to make decisions about the installation on your behalf.
8.5 Unless we agree otherwise, you will be required to pay any installation costs for the Home Services. Where possible, we will tell you in advance what the installation costs will be (if any). For a copy of our current routine installation guidelines please contact Customer Services.
8.6 We may choose not to connect Home Services to your premises for any reason, including where we reasonably consider it uneconomic or unsafe to do so.  We may exercise this right at any time, even after we have accepted your application for Home Services.

9. Equipment and maintenance

9.1 If you have purchased or received a modem or other hardware as part of your Home Services, ownership will transfer to you on payment or connection. You agree we can provide you with enhancements or new capabilities for any modem or hardware used for services supplied by us.
9.2 You are responsible for any phone sockets and wiring maintenance in the premises where the Home Services are provided. We will ask you if you require our optional internal wiring maintenance service. If you notify us about a fault and we arrange for someone to visit your premises, you may be charged a fee for this if we find there is no fault, or the fault was caused by your wiring, equipment or hardware set up.

9.3 You understand and agree that only Vodafone approved representatives may work on the Equipment. If Equipment on your property is attached to a structure, and you need the Equipment to be moved so that you can conduct work on the structure, you must contact Vodafone to arrange for the Equipment to be moved and re-installed and you will be required to pay any associated costs.

9.4 We (or our suppliers) will remain the owner of any Equipment unless we agree otherwise in writing.  You agree that you do not have any rights, title or interest in the Equipment and that we or our suppliers may remove the Equipment at any time.

10. Changing Address:
10.1 If you move premises then you will need to stop the Home Services that we are providing to you at your old address.  You must give us at least one month’s notice before you move, otherwise you will still be responsible for paying for the Home Service that we provide to your old address.
10.2 Depending on where you move to, we may or may not be able to provide you with the same Home Service (and an early termination charge may apply).

11. TV Services:
11.1 The Vodafone TV Service is a digital content service that allows you to stream content over an internet connection, to watch on compatible devices.  Content, features and functionality of the Vodafone TV Service will vary according to subscription type. The SKY TV content that is provided on the Vodafone TV Service is provided by SKY Network Television Limited ("SKY").  SKY and its service and infrastructure providers have no liability to you in connection with the Vodafone TV Service. SKY is not bound by these terms but can enforce them (and the other terms that apply to you as a Vodafone TV Service user) under the Contracts (Privity) Act 1982. 

11.2 We will always endeavour to provide the best Vodafone TV Service possible, but due to the nature of internet streaming services, we cannot guarantee that your viewing experience will be unaffected from third party failures, regular or emergency maintenance, internet outages, buffering, video quality, software outages or anything beyond our reasonable control.

11.3 Use of the Vodafone TV Service may involve significant data usage. You are responsible for your own internet service charges.  Get the most out of your Fibre plan and minimise the amount of mobile data used by ensuring that, where possible, you use the service on your home Wi-Fi network.

Equipment

11.4 The Vodafone TV Service requires a Vodafone TV set top box (Box), internet connection and TV with HDMI input.


11.5 We remain the owner of the Box.  If the Box is not returned within 4 weeks following disconnection of the Vodafone TV Service or is damaged beyond reuse, a charge will be applied to your account.


11.6 You must not remove the Box from the premises once installed, without our prior consent.

Content

11.7 All copyright, trade marks and other intellectual property rights in and to the SKY TV content provided as part of the Vodafone TV Service ("SKY Content") are owned by SKY or its licensors.  You are granted a non-exclusive, non-transferable limited licence to view SKY Content in New Zealand only, and only on your television or other permitted device for your personal, non-commercial purposes, and only in accordance the viewer entitlements and rules (such as the number and type of devices you may use to access the SKY Content, how many concurrent streams you may play, what location you may access SKY Content from, and applicable viewing periods) that we set from time to time ("Entitlements"), and in accordance with these terms.  Except for such licence, no right, title or interest in any such content is granted to you.

11.8 The content, packages, applications, channels, programmes and scheduling of programmes and other functionality which form part of the Vodafone TV Service is likely to change from time to time where our third party suppliers make changes to the content and services they provide to us.  The features and functionality you can use on the Vodafone TV Service may also change depending on the content in question, the device you use to access the Vodafone TV Service, the content format, and whether or not you are on the same home network as your Box.  We may also change the mechanism that we use to transmit content to you on the Vodafone TV Service.  If we vary the channels, programmes and scheduling of programmes for any other reason, and we reasonably consider the variation will have a material detrimental effect on you (or you show us that the variation is material to you) you will have the right to terminate the Vodafone TV Service within one month without any early termination charge.

 

11.9 If you access any third party content (other than SKY Content provided as part of your base package) or service through the Vodafone TV Service, your access will be subject to the terms and conditions, and any third party charges, imposed by that third party.

Authorisation and consents

11.10 You must ensure that your username, password and/or PIN are kept secure and secret and they are only disclosed to authorised members of your household.  You are responsible for any action or omission by any person using your account and the Vodafone TV Service (including all Charges incurred by such persons) and must ensure that they comply with these Terms.

Using the Service

11.11 The number of devices on which you may watch the Vodafone TV Service and your ability to watch more than one concurrent stream at a time depends on your chosen subscription plan and your Entitlements.

11.12 You may not use the Vodafone TV Service if you are located outside New Zealand.

11.13 Only you or authorised members of your household may use the Vodafone TV Service. You must not use the Vodafone TV Service in breach of this Agreement or in a way that results in you, us, or any other person affected by your actions, breaching any law (including by infringing any person's copyright or other intellectual property rights in any content accessed via the Vodafone TV Service). Infringement (or permitting or assisting infringement) of any person’s intellectual property rights will result in immediate suspension or termination of your Vodafone TV Service. You must not use the Vodafone TV Service in a way which we reasonably believe is illegal, likely to be found illegal or likely to cause damage to our reputation or to breach our obligations with our third party suppliers.


11.14 You accept full responsibility for reviewing the classification information displayed for the movies, events, or any other content and will ensure the content is suitable for all viewers (in particular, children under 18 years of age) and take appropriate action where necessary to safeguard any viewers. If any person uses your PIN to access or unblock any restricted service then you are fully responsible for who views that service.


11.15 The Vodafone TV Service and any content viewed through the service are for your personal and non-commercial use only. You must not, and you must not permit or assist any other person to:  (a) display or make the Vodafone TV Service (or any content on the Vodafone TV Service) available to the public or in a public space; (b) copy, communicate, re-supply or re-transmit (including by uploading, downloading, streaming or sharing) all or part of any movie, event, or any other content; or (c) access any content via the Vodafone TV Service without authorisation. You are granted a non-exclusive, non-transferable, limited license to view the Vodafone TV Service within your premises for your personal, non-commercial viewing during the relevant viewing period.  No other right, title or interest is given to you.  Selected content will be viewable outside your premises but this may be subject to change.  You must not and you must not permit or assist any other person to break, circumvent, remove, alter, deactivate or degrade any of the encryption, security, rights management or other content protections used on the Vodafone TV Service, its servers, security solutions or Box and any material violation of this clause may result in termination of your use of the Vodafone TV Service.  You must not and must not permit or assist any other person to to:  (a) transfer any content on the Vodafone TV Service from one device to another; (b) remove, hide or change any acknowledgements, attributions or legal notices on the Vodafone TV Service or any content; or (c) install or implement personal video recorder software or hardware that allows recording, copying or playback of any movie, event, or any other content.

Information sharing

11.16 We and SKY may share information collected about you in relation to your use of the Vodafone TV Service (including your personal information).  We and SKY will each treat your information in accordance with our respective privacy policies (Vodafone privacy policy available here and SKY privacy policy available here).

12. Definitions:  The following definitions apply in addition to those set out in the Consumer Terms and Conditions:

  • Equipment -  any equipment and lines installed on your property for the provision of the Home Service(s).
  • Home Service(s) - the Broadband, TV Services and/or Home Phone services, and the related products and services that we or our agents provide to you.
  • LFC – your local fibre company (which will depend on which area you live in).
  • Set Top Box – our set top box which is used to provide the Vodafone TV Services to you.
  • SKY – SKY Network Television Limited and its successors and assigns.
  • TV Services – means both the Vodafone TV Service (Freeview and SKY) and the SKY TV with Vodafone Service.
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