On 31 March 2013 Vodafone Fixed Limited trading as TelstraClear (“TelstraClear”) merged with Vodafone New Zealand Limited (“Vodafone”). Vodafone has assumed all the rights and obligations of TelstraClear.
Our agreement with you for the provision of mobile services and your pricing plan ("Agreement") will be made up of the following:
- The service details that are agreed between yourself and us when you join up with Vodafone;
- The Mobile Services Terms and Conditions set out below; and
- Vodafone's Standard Residential Terms (which can be found at http://www.vodafone.co.nz/legal/terms-conditions/archive/).
If there is any inconsistency between any of the above, that inconsistency will be determined in accordance with the order of precedence listed above.
Mobile Services Terms and Conditions
In these terms and conditions, unless the context requires otherwise capitalised terms will have the meaning given to those terms in Vodafone's Standard Residential Terms. In addition, the following terms have the following meanings:
Mobile Hardware means any mobile hardware other than SIMcards (including but not limited to handsets and accessories) that you order from us from time to time.
Mobile Services means the mobile services to be provided by us as agreed between yourself and us when you join up with Vodafone, and each component part and feature of those mobile services.
Network means the telecommunications network that we use to provide mobile services to you and to other customers (including any network to which we interconnect).
|2||CHANGE TO MOBILE SERVICES|
|2.1||We may stop providing a Mobile Service or change a Mobile Service at any time including if we are withdrawing a Mobile Service from general availability or replacing a Mobile Service (or part of a Mobile Service) with a new or different mobile service. If we stop providing a Mobile Service or change a Mobile Service as described above, we will give you at least 14 days' written notice thereof.|
|3.1||You acknowledge that the Mobile Services use radio signals and that the Mobile Services may be interrupted due to interference to those radio signals. Mobile Service quality and availability will vary with geography and other factors. Accordingly, though we will endeavour to make Mobile Services available to you not all Mobile Services will be available in all areas.|
|3.2||Coverage and Mobile Services can be adversely affected by radio interference, atmospheric conditions, geographical factors, network congestion, maintenance, outages on other networks or providers’ sites, the configuration or limitations of your, or your intended recipients, mobile device or other operational or technical difficulties, which means that you may not receive some or all of the Services in certain areas or at certain times.|
|3.3||We will always do our best to make sure you receive reliable and high quality Mobile Services, however we cannot guarantee that our Mobile Services will always operate free from faults.|
|4||YOUR COMMITMENT TO US|
You agree that you will:
not use any handset or other equipment that is not specifically approved by Vodafone for use on the Network;not use any handset or other equipment that interferes with Vodafone's, or its service provider's, ability to trace or intercept telecommunications;return all SIMcards to us on termination of this Agreement (if you do not return any SIMcard within 30 days after disconnection, we reserve the right to charge you for it);keep us protected against any legal action taken against us in connection with your use of the Mobile Services;be responsible for all usage of the Mobile Services, whether such usage is intentional or not, or used by a third party (as such Mobile Services will be treated as having been used by you);not use the Mobile Services in any way that is offensive or unlawful or which could interfere with anyone else's use of mobile services;not do anything or introduce anything (including any virus) that may harm our or any third party equipment;not use the Mobile Services to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, transmit or upload material which breaches any third party right or any similar activity;never interfere with any part of the Network;make sure nothing is connected to the Network unless it has been approved by us. This helps to ensure that your Mobile Hardware does not damage the Network but does not mean that the Network will always remain compatible with your Mobile Hardware;observe and adhere to the terms of our Fair Use Policy set out in clause 15; and,pay for all ongoing charges, whether you are actively using the Mobile Services or not.
|5.1||Risk in the Mobile Hardware will pass to you upon delivery of the Mobile Hardware to you.|
|5.2||Title in the Mobile Hardware will pass to you upon delivery of the Mobile Hardware to you.|
|5.3||Not all Mobile Hardware will have the functionality to support all of the Mobile Services. Not all of your Mobile Hardware’s functionality may be supported by the Mobile Services.|
|5.4||If you purchase any Mobile Hardware from us and such Mobile Hardware is under manufacturers’ warranty, we will endeavour to give you the benefit of the warranty. However, we will have no obligation to negotiate any warranties or indemnities on your behalf with respect to any Mobile Hardware (or any associated software).|
|5.5||We may, at our discretion, provide you with a loan mobile phone for your use during a period when you make a claim on any warranty that is held by us on your behalf and your Mobile Hardware is being inspected or repaired by our third party service provider. We do not guarantee that we will provide you with a loan mobile phone or that it will be the same make, model or have the same functionality as your Mobile Hardware. You will be responsible for all usage and ongoing charges for the Mobile Services as if the loan mobile phone was your Mobile Hardware. You will be responsible for any damage or loss of the loan mobile phone (or its accompanying accessories) and we reserve the right to charge you for any such damage or loss.|
|5.6||If you make a claim on any warranty that is held by us on your behalf, you must comply with any terms imposed by our third party service provider, including but not limited to the return of any loan mobile phone within the specified timeframe and to pay our third party service provider’s assessment fees for inspecting your Mobile Hardware if it is not covered by the terms of the Mobile Hardware warranty.|
If any item of Mobile Hardware requires repair or replacement because it is:
lost;damaged;deemed by the manufacturers authorised repair agent as being "Beyond Economical Repair";repair or replacement is not covered by any warranty referred to in clause 5.6 above;or,you place an order for additional Mobile Hardware;
then the charges for the repair or replacement and/ or additional Mobile Hardware will be in accordance with our then current standard charges and you agree to pay all such applicable charges.
|5.8||You acknowledge that we are not responsible for any loss of data or other information that may occur in the course of or in connection with the repair of any Mobile Hardware. We recommend that you back-up all data on all item(s) of Mobile Hardware before those items are sent to us for repair or replacement.|
|5.9||You acknowledge that any mobile hardware you purchase from a third party supplier will be your responsibility in terms of any warranty or service requirements. We will not be responsible for ensuring the compatibility of any third party mobile hardware with our Network.|
|5.10||You acknowledge that we are not under any obligation to ensure the continued availability of the make and model of any Mobile Hardware we provide to you.|
|5.11||You acknowledge that access to the Mobile Services is dependant upon your equipment and hardware. If the products you use do not support all of the Mobile Services, we are under no obligation to ensure your access to those Mobile Services.|
|5.12||If your mobile device and/or SIM card becomes lost or stolen, or it is otherwise not in your possession, you must contact Customer Services immediately so we can prevent further calls being made from it. We will endeavour to implement a block or other bar on the Mobile Services to prevent further usage being incurred as soon as practicable after you advise us of the loss or theft of your mobile device. However, you will be responsible for all charges incurred up until the time we implement that block or other bar. We reserve the right to charge you for implementing any block or other bar. We are not liable for any loss to you as a result of loss, theft or unauthorised use of your mobile device or SIM card.|
|5.13||We recommend you implement appropriate security measures on your mobile device to prevent any unauthorised use.|
|5.14||You must not remove any trademarks or logos from any of the Mobile Hardware.|
|6.1||All SIM cards belong to Vodafone or its service providers and you may not sell, assign, transfer, encumber or otherwise deal in any SIM card.|
|6.2||These Mobile Service Terms and Conditions create a security interest in all SIMcards in accordance with the terms of the Personal Property Securities Act 1999. You agree to sign any documents and provide any information required by us to ensure that our security interest is perfected.|
|7.1||In addition to our rights under clause 10 of Vodafone's Standard Residential Terms, we may, without providing you with prior notification, bar or restrict any user's use of any or all of the Mobile Services if that user is using the Mobile Services or any handset or equipment in a way that causes interference to the Network, or that is offensive or otherwise disruptive. All applicable charges will continue to accrue with respect to any restricted Mobile Service. We may require you to pay a reconnection charge as a condition of lifting any such restriction.|
|7.2||We may change or restrict the right to roam to and from overseas networks at any time during the term of our agreement.|
|8.1||You may not bring a claim against any other network operator and/or third party supplier (including their officers, employees, contractors and agents) in connection with or arising from the Mobile Services.|
|9.1||Without limiting clause 10 of Vodafone's Standard Residential Terms or clause 2.1 on page 9, we may stop providing any Mobile Service or terminate this Agreement if any of our licences or rights to operate on the Network and/or sell the Mobile Services are suspended or terminated (including the termination of any agreement with a telecommunications provider in relation to the Mobile Services).|
If you give up any or all of the Mobile Services before the end of the period you signed up to or we terminate all or part of the Agreement because you have not complied with out terms and conditions, then we may require you to pay:
all charges for the Mobile Services incurred up to and including the date of disconnection; andany outstanding charges and other moneys payable by you for the Mobile Services.the early termination charges as agreed between yourself and us when you join up with Vodafone
Without limiting clause 11 of Vodafone's Standard Residential Terms and Conditions you agree that we may collect information about you and your use of the Mobile Services. This information may be obtained from you or generated within the Network when you or anyone else uses the Mobile Services. You agree that:
we may share information about you and your use of the Mobile Services with our third party suppliers to allow those suppliers to provide the Mobile Services and to comply with interception capability, security, fraud investigation co-operation or emergency response services requirements; andour third party suppliers may use the information about you and your use of the Mobile Services for the purposes described above.
|11||CHANGES AND OTHER TERMS|
|11.1||We may change any aspect of the pricing plans and these Mobile Service and Terms and Conditions, by giving you 14 days' notice in writing.|
|11.2||Other terms may apply to some of the Mobile Services. Where that is the case we will tell you about those terms and they will be part of this Agreement.|
|12||SERVICES PROVIDED BY THIRD PARTIES OVER THE NETWORK|
|12.1||We take no responsibility for the accuracy, completeness or currency of any content or material or services that you may access or have provided to you by a third party through the Mobile Services or for any charges that you may incur by your use of such content, materials or services. This includes services such as 0900 numbers, premium text or premium MMS services etc.|
We are not responsible for:
ensuring that the information you access or make available through using the Mobile Services will be private or secure or free from viruses or other harmful things;any transactions you enter into through use of the Mobile Services or any dealings between you and any advertisers or other third parties using the Mobile Services or your participation in any promotions;any delay in receipt of information you select for transmission to your mobile phone;fixing any faults in any part of the Internet beyond our Network;cancelling any subscriptions or on-going costs associated to any third party services to which you have subscribed or registered for, on your behalf; or,disputing any such charges with a third party provider on your behalf.
|13.1||The residential mobile pricing plans are available to residential customers who have been invited to take the service by Vodafone. We reserve the right to refuse to sell a residential pricing plan to any person for any reason including if we believe (in our discretion) that person is not a residential customer.|
|13.2||If you downgrade the residential pricing plan on any of your Mobile Services, then you may be liable to pay early termination charges as described in clause 9.2 in respect of those Mobile Services.|
Residential Voice plans
If your Residential Mobile Voice plan includes any bundled minutes and you do not use all of your bundle of minutes in any month the unused portion at the end of the month cannot be carried forward or redeemed. Bundled minutes do not include calls to international numbers, 0900 calls, operator assisted and directory related services (018 Directory, 0172 International Directories etc) and calls to other special numbers.All mobile to land (national and international) and mobile to mobile calls made within New Zealand are calculated to the nearest second at 1/60th the appropriate per minute rate, then rounded up to the nearest cent. There is a one minute minimum charge for all calls.All international roaming calls, operator assisted calls and calls to 0900 numbers are charged on a minute plus minute basis.For calls to 0900 and other premium numbers you will be charged both the 0900 rate (or other premium number rate) and the applicable mobile calling rate.
Data used in each data session will be charged against your data plan allowance in whole 10KB packets, with part packets rounded up. Megabyte usage is based on the amount of data transferred (both uploading and downloading).If your Residential Data plan includes any bundled megabytes, and you do not use all of your bundle of megabytes in any month the unused megabytes at the end of the month cannot be carried forward or redeemed.All international roaming data is charged on a per Megabyte basis.
|14||PHONE NUMBERS AND NUMBER PORTABILITY|
|14.1||We will allocate phone and other identification numbers for you to use. Any telephone number that we allocate to you does not belong to you. We may change any number, e.g. by allocating you a new number. We will always give you as much notice as we reasonably can before making any change.|
|14.2||You may port the phone number to another telecommunications service provider. You will be responsible for all costs associated with porting the phone number, including any applicable early termination charges owed to us.|
|14.3||Any porting request will be actioned by us in accordance with the Local Mobile Number Portability Code.|
|15||FAIR USE POLICY|
|15.1||All Mobile Services are subject to our Fair Use Policy.|
|15.2||We may apply our Fair Use Policy where in our reasonable opinion your usage of our Mobile Services is excessive and/or unreasonable as detailed in this clause.|
|15.3||We have developed our Fair Use Policy by reference to our average customer profiles and estimated customer usage of our Mobile Services.|
|15.4||If your usage of our Mobile Services exceeds estimated usage patterns over any month, then your usage will be excessive and/or unreasonable.|
|15.5||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.|
If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice:
apply charges to your account for the excessive and/or unreasonable element of your usage;suspend, modify or restrict your use of the Mobile Services; and/orwithdraw your access to the Services.
In addition to our rights to suspend under our standard Residential Terms and Conditions , we can suspend, bar, re-direct or restrict your usage of any or all of the Mobile Services or disconnect your connection and end this agreement without telling you if:
your usage of the Mobile Services is unusual or excessive;you continue to use the Mobile Services in breach of our Fair Use Policy set out in clause 14 of this agreement after we have contacted you to discuss your excessive usage;you tamper with or modify any SIM card other than in accordance with instructions given to you by us;we suspect you of using the Mobile Services for any offensive, unlawful or fraudulent activity; orall of the Mobile Services are permanently or temporarily (for any reason) unavailable to you;
In those circumstances, all charges for any Mobile Services will still be payable by you in accordance with this Agreement.
|Service outside New Zealand|
|17.1||You acknowledge that service outside of New Zealand is provided by our external carriers and is subject to those carriers’ terms and conditions.|
|17.2||Unless otherwise advised, from time to time, all outgoing calls are charged at airtime rates based on the charges from the external carriers. This airtime rate will vary from carrier to carrier. International rates will also apply where you make international calls (including calls to voicemail and to the roaming helpdesk).|
|17.3||Charges may change without prior notice and all prices are indicative only. If your pricing plan includes monthly minutes, these minutes do not apply to roaming charges, 0800 (1800) and other special numbers may be charged for by external carriers.|
|17.4||Text messages sent while roaming have a surcharge applied by the external carrier. The surcharge rate will vary from carrier to carrier.|
|17.5||Incoming calls are charged at the international rate applicable at the time the call is made to you. Some external carriers may add an incoming call rate from the time you answer the call.|
|17.6||You agree to pay all charges in full when they are due. There may be delays in when we receive notice from external carriers of charges to be billed to you. This does not affect our right to charge you or receive payment from you.|
|17.7||As roaming involves services provided by parties other than ourselves, you agree that we will not be responsible for the way in which any external carrier provides or fails to provide any service (including disconnection, lack of coverage or the performance of that carrier’s network).|
|17.8||You must have a data capable device connected for overseas data roaming.|
|17.9||You agree to be charged for using data roaming at the rates set out by external carriers advertised by us, either on our website at http://customerzone.vodafone.co.nz or via other means from time to time. While we frequently update our website, we accept no liability for fluctuating prices with overseas carriers. We recommend you check on pricing with overseas networks at the time of roaming. For the sake of clarity, clause 17.6 also applies to data roaming charges.|
|17.10||You acknowledge costs are measured on data volume. The speed at which a device receives data impacts volume and therefore price. Since overseas networks vary their data speeds ensuing charges will relate to the amount downloaded rather than time spent online.|