Broadband terms and conditions


Updated: 24 July 2013

The following Terms apply to our residential customers who have a Telecom Broadband product or service with us (in other words, internet at your home) (the Telecom "Broadband Service(s)" or the Telecom "Broadband Product(s)"). These Terms apply together with the Residential Customer Terms and Conditions, which also apply when you have a Broadband Service from us (Telecom Broadband being a Service for the purpose of those Terms). These Terms will prevail to the extent that they are inconsistent with the Residential Customer Terms and Conditions.

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Ultra Fibre Broadband customers

You agree at the time you accept these terms and conditions, that you will be bound by your Local Fibre Company's (LFC) End User Terms, which relate to the provision (including installation) and use of that part of the LFC's network which is located on your premises.  We will advise you who your LFC is at the time of placing your order for Telecom Ultra Fibre Broadband.  Your LFC's current End User Terms can be found here. 

Telecom's Ultra Fibre Broadband product terms apply to the Ultra Fibre Broadband service and prevail in relation to that service to the extent that they are inconsistent with these Terms.  

Ultra VDSL Broadband customers

Telecom's Ultra VDSL Broadband product terms apply to the Ultra VDSL Broadband service and prevail in relation to that service to the extent that they are inconsistent with these Terms.

1. These Terms

The Telecom Broadband Services are described in:

  • these Terms (which describe, for example, any service limitations and what charges may apply);
  • the Telecom Broadband product page for each Telecom Broadband package, as set out on our website (describing the Service); and
  • the "questions about Telecom Broadband" pages on our website (describing the Service).

Together these make up the "Service Description" for Telecom Broadband Services.  Links to the pages on our website which set out more detail about the features, prices and other matters about our Broadband Services are subheadings under the broadband terms tab. Prices for the various Telecom Broadband Services and packages are also shown on the Broadband web pages on our website.

2. Getting set up

Connection and availability

To use Telecom Broadband Services, you must have a Telecom account. 

Telecom Broadband is not available in all areas. Occasionally factors like the distance of our equipment from a particular site or address mean we are unable to deliver Telecom Broadband, even where Telecom Broadband is available in your area.

Connection and installation

ADSL Broadband

If you are a new Telecom Broadband customer, you will need a standard broadband connection and in some cases you will be required to get broadband wiring to use the Telecom Broadband Service.

If you are using five or more telephone jack-points at your home, or you have a monitored alarm or an alarm capable of being monitored, you will need to select the "connection and wiring option". This includes the standard broadband connection and wiring. A technician approved by Telecom will visit your home to get Telecom Broadband working on your telephone line.

Ultra Fibre Broadband

Standard Fibre installation will include the work needed to connect your home to the fibre in your street. This includes installing and connecting:

  • the fibre cable from the street (up to 200m) through your home;
  • the External Termination Point (ETP)
  • the Optical Network (ONT); and
  • the Fibre Enabled Modem (RGW)

A non-standard installation will require additional charges, non-standard installations include:

  • if your house is more than 200m from the fibre access point on the street
  • if your RGW is installed at a separate location to the ONT and additional wiring is required

Other points to note:

  • There is a possibility that activation of your Telecom Broadband account may result in you experiencing a temporary loss of your Telecom land line. If this does occur, normal service is usually resumed within a few hours.
  • If, despite our reasonable efforts, your Telecom Broadband installation fails (e.g. the technician is unable to get the service running), the Telecom jack-point and any other equipment will remain at your premises and you will not be charged for the installation.
  • If you decide to cancel your Telecom Broadband order, through no fault of Telecom or the installer, after you have accepted your order and have been provided an installation date, we may charge you a cancellation fee.  This will not apply in the case of a non-standard installation where you do not agree to any additional work or costs.

Speed

Broadband is not available in all areas and broadband speeds do vary. Factors which impact on speed include how close your premises are to an exchange, your computer's capability, modem, connection and wiring, Wi-Fi, interference from electrical devices, the location and quality of the websites you choose to view, and any software you may have downloaded (malicious or otherwise). The day-to-day performance will also be affected by the number of users in your household and also on our network or the network of 3rd parties that we use to provide the service to you.

If your average broadband speed is low (approximately one megabit per second or less) we do not recommend you purchase a plan with a monthly data allowance of more than 150 gigabytes.  You can check your speed by going to our website and typing “test your speed” in the search box.

Modem

You will need a modem to use a Telecom Broadband Service. 

ADSL Broadband requires an ADSL modem and filters that have a Telepermit. Telecom can provide a complete Broadband Self-Install Kit for your purchase, including a modem, filters and everything you need to get yourself up and running.

Ultra Fibre Broadband requires a fibre enabled modem. Telecom can provide you with a fire enabled modem called a Residential Gateway (RGW) for purchase.

You will own the modem (whether purchased from Telecom or elsewhere) and Telecom is not responsible for it (without limiting your rights under Consumer Guarantees Act 1993 and Fair Trading Act 1986).

Setting up your modem & PC and transferring to a new line
You can set-up and configure your modem and PC yourself, but you may request a technician approved by us to do this for you.  If you do this, it will be at an additional cost that will be on your next Telecom bill.

If you want your Telecom Broadband Service transferred to a new telephone line, you will have to pay for connection and installation.  

Billing

As a Telecom residential customer, you won't receive a separate account for your Broadband Service - your charges for Broadband will appear as part of your monthly Telecom bill. Telecom Broadband usage charges are recorded in the 'rental and activity' section of your Telecom account. Charges will include:

  • any applicable one-off installation and modem charges;
  • the Telecom Broadband or home package monthly fee (which is billed one month in advance); and
  • if applicable, any additional data charges (billed one month in arrears).

Your monthly Telecom Broadband Service subscription may start and finish on dates that are different from your monthly Telecom bill. This means the charges for Telecom Broadband might not line up with the charges for any other Telecom Services you have. Check your bill for details, or call us on 123 if you have any queries.

Changing Broadband plans

You can make one Broadband plan change per billing cycle. The move to a new plan can take up to two working days to complete. If you do change plans, you will also see some 'part-monthly' charges on your next bill: a part-monthly credit for the plan you cancelled, and a part-monthly charge for the plan you moved to.

Changing between Broadband technolgies

A change between ADSL Broadband and Ultra Fibre Broadband is not considered a plan change.  Installation fees may apply and an early termination fee may apply if you have not completed the minimum term of your contract.  Any changes between broadband technologies are subject to usual availability limitations.

$10 Bundle Up Bonus

If you have an eligible consumer pay-monthly Ultra Mobile plan and an eligible home Broadband plan on the same Telecom account you can apply to get our $10 Bundle Up Bonus. To see a list of current eligible plans go to www.telecom.co.nz/bub. If you are eligible for the $10 Bundle Up Bonus you will need to register for it at www.telecom.co.nz/bub. We will not automatically apply the $10 Bundle Up Bonus to your Telecom account.

The $10 Bundle Up Bonus is applied to your Telecom account as a $10 account credit each month. The $10 Bundle Up Bonus applies from the date it is applied to your Telecom account, this date may differ from the date you register. Only one $10 Bundle Up Bonus per Telecom account.

If you move off an eligible plan or cancel one of your services the $10 Bundle Up Bonus will be removed from your account without notice.

$10 Bundle Up Bonus offer excludes Naked Broadband plans, and business plans including Total Office and Total Office Lite.

Telecom reserves the right to amend or cancel the $10 Bundle Up Bonus offer at anytime.

3. Exceeding your monthly data allowance

Reduced speed

Some Telecom Broadband plans ensure that you have one fixed monthly price for your broadband. This means that when you exceed your monthly data allowance, your broadband speed is significantly reduced (back to a speed that is a maximum of dial-up speed) until your new month begins (when your connection speed will be reset).

Additional Data

Some Telecom Broadband plans allow you to surf at broadband speeds even if you exceed your monthly data allowance. It will cost the per gigabyte price that is shown on your individual plan (charged per megabyte so you only pay for what you use) for data used over your allowance.

4. Contract term options

You can choose a "No Term" contract on all new Telecom Broadband connections. A standard broadband connection fee or installation fee, as applicable, will apply and you will be required to provide your own modem or purchase one from Telecom.

Alternatively, you can choose a 12 month minimum term on all new Telecom Broadband connections. If your Telecom Broadband account is closed before the end of the 12 month period, you will have to pay an early termination fee: For ADSL Broadband is this $199 and for Ultra Fibre Broadband this is $299.  This is a genuine pre-estimate of the loss that we will incur as a result of your Broadband account closing early.

5.  Changing, withholding, suspending, restricting, replacing or terminating Services

In addition to our right to change, withhold, suspend, restrict, replace or terminate any of our Broadband Services under the Residential Customer Terms and Conditions, we may, at our sole discretion, change, withhold, suspend, restrict, replace or terminate any of our Broadband Services where, for example, systems or the network are being maintained or otherwise worked on, unavailable or must be protected, to manage network traffic or access to network services (for example, to manage peer to peer traffic types), to improve functionality and attributes of the Broadband Services, or for any other reason we think makes it necessary or desirable to do so.

In most cases, normal charges continue to apply during the suspension or restriction of any Broadband Service.

Where we have changed or replaced an existing Broadband Service, your use of the changed or replaced Broadband Service will show your acceptance of it (and any terms and conditions relating to it), in place of the changed or replaced Broadband Service (and terms and conditions).

You acknowledge that we reserve the right to suspend, sign out, disconnect, terminate, or delete your Broadband Accounts (including Sub Accounts) or any communication session for any particular Broadband Service that is "inactive" for a period of time. "Inactive" means that you have not used a particular Broadband Service or your Broadband Account for a period of time, as determined by us, in our sole discretion.

6.  Our disclaimers relating to Broadband

Availability of Broadband Services

The configuration of your computer, device, systems server or other communication equipment ("Systems") you use to receive our Broadband Services may affect, not only your use of our Broadband Services, but our provision of it. For example, certain SMTP service configurations leave you vulnerable to relaying spam; spam may overload our systems.

Our Broadband Services will only be delivered to your relevant Systems when you have the required connection to receive the Broadband Service and will be subject to any service availability limitations and any functionality limitations of your Systems.

Content disclaimer

Telecom does not and cannot in any way supervise, edit or control the way in which you or other end users use the content, information or other material accessed through the Broadband Services we provide to you.

You acknowledge and agree that Telecom will not be held responsible in any way for the content, information or other material accessed or provided by means of our Broadband Services. You are responsible for all content, information or other material that you upload, download, post, email, or otherwise transmit, access or make available through the use of our Broadband Services.

Telecom has not reviewed all or any of the sites linked to the Broadband Services and is not responsible for the content of any of those sites.

Third party infrastructure, systems and services

The Broadband Services are delivered to you using other providers' infrastructure and systems, for example, that of Chorus.  We are not liable or responsible for anything which occurs as a result of other providers' infrastructure and systems.

Many of the products and services offered for sale or advertised on, and much of the information provided in connection with, our Websites and other Services, are the products, services and information of third parties. Third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.

We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to third party products and services supplied by means of our Broadband Services. You should check with the third party supplier whether there are additional charges and terms which may apply.

7.  Changing to these Terms

We may change these Terms by changing or removing existing terms or by adding new ones at any time. Changes may take the form of completely new Terms.  We will tell you about any changes by emailing or writing to you or SMS messaging you, or publishing the changes on our website. Your continued use of our Services after changes have been notified to you in this way indicates your acceptance of those changes.

8.  Communication Services

If the Broadband Services include email services, information services, bulletin board services, chat areas, news groups, forums, groups, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"), you agree to use and access the Communication Services in accordance with these Terms, the Residential Customer Terms and Conditions and any applicable specific product terms, and only to upload, post, email, or otherwise transmit or access messages and material that are permitted in accordance with those terms.

You (and not Telecom) assume the entire cost of any necessary verification, maintenance, repair correction and/or removal of any relevant Communication Service messages and material.

We are not under any obligation to monitor the Communication Services, but we reserve the right at all times to review messages and materials transmitted and accessed through a Communication Service and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code, or to edit, refuse to post or to remove any message or materials, in whole or in part, in our sole discretion. We reserve the right to terminate your use of and access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

9. Technical information and terms

Data usage

Data usage is based on the amount of data transferred through your Telecom Broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes (1000 Megabytes).  This can include overhead data usage which is required for establishing and maintaining the connection. Any unused portion of your monthly data allowance will not be carried over billing period to billing period and will not be refunded.

The Telecom Broadband usage meter is available for you to check on your data usage. The usage meter does not show your usage in real time. It is updated approximately every hour and, under normal conditions, will reflect usage up to 4 hours earlier. However, in some circumstances, such as when there are large numbers of users on the internet, it can sometimes take longer for your usage meter to be updated, particularly at the end of your billing month. It is important that you take this into account when tracking your usage.  You can also set up broadband usage alerts.  

Usage Alerts

Usage alerts are designed to help you keep tabs on your data usage, but ultimately it is your responsibility to monitor how many megabytes or gigabytes of data you have used. Some viruses can lead to unexpected use of data and this in turn can use up your monthly data allowance. This unwanted usage could lead to you reaching your monthly data allowance faster than you thought. You are entirely responsible for all data usage that occurs under your account, whether or not the usage is caused by a virus, including DOS attacks and any unauthorised usage and/or unrequested traffic. Remember, it is your responsibility to make sure you have sufficient security to meet your needs. For more information about internet security please visit our website.

Equipment

Telecom Broadband Services can only be used on a computer that meets certain minimum system requirements.

Static IP addresses are only available and allowed to be used on selected Telecom Broadband plans.  Please refer to our list of plans for details on which plans apply and applicable monthly charges.

If you purchase a Telecom Broadband Self-Install Kit, our undertaking to you is that each item in the Telecom Broadband Self-Install Kit will operate in accordance with the published specifications and that we will, within a reasonable time, either provide repair, replacement (provide you with an equivalent kit) or adjustment services without charge to you to rectify any defect in material or workmanship in any item of the kit or pay for the cost of replacing or repairing the kit, or acquiring an equivalent kit.

However, other than your rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986, we will not have any obligation to repair, replace or adjust any item of the kit where:

  • modifications, alterations, attachments or other work has been carried out to the kit;
  • the kit has been used in combination with equipment, programs, accessories or services not supplied or authorised by Telecom;
  • there has been failure to observe Telecom or the manufacturer's written instructions regarding the use, operating or environmental conditions for the kit; and/or
  • there has been misuse, abuse, accidental damage or negligent use or operation of the kit.

Service Reliability

Telecom is unable to provide specific performance guarantees, however we are committed to providing consistent and reliable Broadband Services.

While we always strive to provide a consistent service, there are a number of factors that influence reliability of our Broadband Services. For this reason, we do not guarantee connection speed bandwidth, latency (delay) or bit rate through the network that we use to provide our Broadband Services at any one point in time.

As the Telecom Broadband Services can occasionally go down, you should take this into account when choosing this product and what you will want to use it for. We cannot guarantee how quickly we can arrange for resolution of any problems with the provision of our Broadband Services.

Telecom Broadband is not designed to support:

  • Virtual Private Networks (VPNs).
  • Two-way voice applications.
  • Two-way video applications.
  • Web servers.

For these activities that Telecom Broadband does not suit, we encourage you to contact 0800 22 55 98 to find out what alternatives are available.

Support

The stability and performance of your Telecom Broadband Service can be affected by a number of potential faults. A fault can commonly originate from the network, phone line, your modem, or your computer. If the service is not meeting your expectations, our Customer Support team are trained to help you identify where the potential fault lies.

Occasionally network outages do occur. When they do, we record a message about the fault which you can hear when you call 0800 22 55 98. There is no charge for fixing such faults during our normal business hours except where you, or anyone you are responsible for, cause the fault or if the fault lies with your own equipment (e.g. your computer).

If we arrange for a service technician to visit your premises and the technician finds that there are no problems with the network, you will be required to pay the cost of the service technician being sent out. We will let you know in advance what the potential charges to you could be.

If you are still having problems with your Telecom Broadband Service, call us on 0800 22 55 98.

10. Department of Internal Affairs Digital Child Exploitation Filtering System

We will intercept communications for the purposes of the Department of Internal Affairs' Digital Child Exploitation Filtering System and in continuing to use your Telecom Broadband Service, you acknowledge and consent to this.

11. No retention of data

The amount of email and data storage available to you on systems to provide you with Broadband Services is limited and some email or data may not be processed due to space restraints.

You agree that limits may be established concerning use of any Broadband Services including, without limitation, the maximum number of days that material will be retained, the maximum amount and size of material that may be sent from or received by an account in connection with any Broadband Services, the maximum disk space that will be allotted on servers on your behalf, either cumulatively or for any particular Broadband Service, such as for storing graphics or photographs, and the maximum number of times and duration you may access any servers in a given period of time. If we and/or our partners or suppliers believe that these space restraints or limits are, or will be, compromised, then we and/or our partners or suppliers may delete any electronic mail message, information or data in any other form (together "material"), sent by you or addressed to you.

If any material is deleted we are not required to notify you or the sender of that material. You agree that Telecom has no responsibility or liability for the deletion, corruption or failure to store any information, material or other content maintained or transmitted in connection with any of our Broadband Services. You acknowledge that the features, parameters (for example, the amount of storage available to you) or existence of any Broadband Services may change at any time.