CDMA mobile terms and conditions

Telecom Mobile Services Agreement
This agreement applies to Telecom Postpaid Mobile customers with a postpaid Go Mobile, Go Free, Go Ahead, Mytime, Anytime, Freetime or Family Package plan and Mobile Broadband and mobile data customers.

Telecom Mobile Prepaid Agreement
This agreement applies to customers with Telecom Prepaid Mobile Phones.

Boost Mobile Prepaid Agreement
This agreement applies to customers with Boost Prepaid Mobile Phones.

Mobile Broadband Alerts Service
This agreement applies to customers with the Mobile Broadband Alerts Service.

Mobile Broadband and our nationwide mobile data network
This agreement applies to data use on all CDMA phones.

Telecom Mobile Services Agreement

For Telecom Postpaid Mobile customers.

To our customer
Charges and billing
Stopping services
Compensation and liability
General

To our Customer

We need your advice on the front of this agreement - signed on connection; whether you are acquiring our services for

• the purposes of a "business" or
• other purposes - We will not be able to connect you until you have indicated this to us.
• In this agreement "business" means any undertaking whether carried on for gain or reward or not, or in the course of which goods or services are acquired or supplied whether free of charge or not.

This agreement applies to our relationship for the provision of services by us.

If you have any questions about these terms, or whether they apply, call Customer Services on *123 (from a cellular phone) or otherwise 0800 800 182. We will be pleased to help you.

1. Terms

In this agreement: "we" means Telecom Mobile Limited "you" means you, our customer "services" covers all goods and services of any kind we agree to provide to you and anything else we do in connection with those goods and services "Telecom" means Telecom Corporation of New Zealand Limited and any company which is directly or indirectly a subsidiary of Telecom Corporation of New Zealand.

2. Important: General Clause

This clause 2 will take priority over all other clauses of this agreement.

Acquiring Services For Purposes Other Than The Purposes Of A Business
The Consumer Guarantees Act 1993 may apply to services we provide to you if, as indicated to us, you are acquiring the services for purposes other than the purposes of a business. If the Act applies, all rights you have under it apply in addition to the rights set out in this agreement and will not be reduced by it.

Acquiring Services For The Purposes Of A Business
If you have indicated to us that you are acquiring the services for the purposes of a business then you agree that your general rights at law in connection with the services will be subject to the terms of this agreement only. In particular, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply to the services we agree to provide under this agreement if you acquire the services for the purposes of a business.

3. Our commitments

We promise:

• that we will always do our best to provide quality services but we do not guarantee they will be perfect
• to provide a customer service to answer your queries. To call us, telephone *123 (from a cellular phone) or 0800 800 182. There is no charge for a call to Customer Services numbers
• that if there is a problem with your bill, you don't need to pay the queried portion of your bill until we investigate it and confirm that you are responsible for payment.
• We may alter our services from time to time. If we alter our services in a way that materially reduces the service offering currently received by you, we will provide you a minimum of 10 working days' notice or wherever possible one month's notice of such alterations. We will tell you of such alterations by emailing or writing to you or sending you a SMS text message and by publishing the change on our website.

4. Your responsibilities to us

General responsibilities
You agree to meet these general responsibilities:

• make sure all information you give to us or to any of service provider approved by us is correct and complete;
• follow our instructions about the use of the Services and only use them for lawful purposes
• use the Services without annoying anyone and without interfering with anyone else's use of these Services;
• keep us protected against any legal action taken against us in connection with your use of the Services;
• not do anything or introduce anything (including any virus) that may harm our, or any third party, equipment;
• not use the 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 Telecom Network. Only people we authorise may work on it;
• let us or any of our agents or subcontractors come onto your property to work on our network or anything connected to it. We will always try to contact you before doing this and the people we send will carry proof of identity. If you do not grant access to your property this may impact on services you or others receive from us, including our ability to provide you with the relevant service;
• pay for repairing or replacing any equipment you rent from us which is lost, stolen or damaged while you are responsible for it;
• return any equipment you rent from us when you give up or we stop providing the service relating to that rental equipment. If you don't return the equipment we will continue to charge you rental for it. We may also come on to your property and remove our equipment;
• make sure nothing is connected to the Telecom Network unless it has a Telepermit or is otherwise approved by us or another Telecom company; this helps make sure your Mobile Phone does not damage the Telecom Network but does not mean the Telecom Network will always remain compatible with your Mobile Phone;
• ensure that everyone you are responsible for meet these responsibilities; and
• if you have purchased a mobile phone from us, you will only connect it to the Telecom Network and not use it to connect to any other network. The Telecom Network consists of all the communications facilities owned by us and by other Telecom companies which we use to provide our services for you and other customers. Acquiring our services does not give you any rights in any part of the Telecom Network.

5. Telephone and other numbers

We will allocate telephone and other identification numbers for you to use depending on the kinds of services you want. The numbers always remain our property.

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.

Charges and billing

6. Your responsibility for our charges

You agree to pay for the services we provide to you no matter who uses them. We have services to help you manage the use of your Telecom Mobile communication services. Call Customer Services for more information about these.

The standard charges for all our commonly used services are set out in our current list of charges for the services used by you. Charges begin and continue once you have access to our network.

We may change our charges from time to time. Where we increase any charges for any of our services (including introducing charges for services that are currently free) we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes. We will tell you about any such changes by emailing or writing to you or sending you a SMS text message and by publishing the changes on our website.

If you are on a term contract and it ends before the end of the contract period we may charge you an early disconnection fee. You must pay the purchase price of any equipment that we supply under these terms. We will continue to own the equipment until you have paid in full for it.

7. Our normal charges to you

Our charges to you will normally include:

• network rental charges
• rental if you rent equipment from us
• call charges when you use our network
• charges for specific services we provide, e.g. Cellular Secretary, equipment installation, repair, connection fees, insurance charges.
• charges for services provided by any service provider approved by us (e.g. enhanced directory listing services if applicable).

There is no charge for fixing any fault in our network which is not caused by you.

A call-out fee may be payable if you ask us to restore your mobile radio service outside our normal business hours, which are 8 a.m. to 5 p.m. Monday to Friday except public holidays. If you need our help call Customer Services.

8. 0900 Services

Other Telecom companies make 0900 numbers available to people who provide information and entertainment services to callers.

You agree to pay for 0900 calls charged to you or made from your phone through the Telecom networks, no matter who makes them. We will charge you for those calls on behalf of the 0900 Service Providers.

Your agreement to pay for those calls also applies for the benefit of the 0900 Service Providers and may be enforced by them.

9. Wireless data and internet content

If the services allow you to access material that originates from you or third parties, we may monitor material made available by you or any third party and remove any material that we consider to be inappropriate or in breach of any law or third party right. We take no responsibility for any material accessible using the services that does not originate directly from us.

If the services provide links to third party sites, we are in no way responsible for such links or the content of any such sites. We have included such links for convenience and such inclusion is in no way an endorsement of the applicable site or third party.

We are not responsible for:

• ensuring that the information you access or make available through using the services will be private or secure or free from viruses or other harmful things
• any transactions you enter into through use of the services or any dealings between you and any advertisers or other third parties using the services or your participation in any promotions
• any inaccuracies in any material you obtain from the services or any loss or damage arising from your use of such material
• any delay in your receipt of information you select for transmission to your mobile phone
• fixing any faults in your mobile device or in any part of the Internet beyond our telecommunications network.

10. Billing

We will send you bills for our charges. We may bill you in advance for access fees. The bills will also include any charges for directory assistance, enhanced directory listing services and 0900 calls charged to you or made from your phone. You must pay each bill by the due date for payment set out in it.

Call Customer Services to ask us about the different ways you can pay. Our bills are based on our records. Please let us know before the due date for payment if you think there is a mistake in your bill. We will investigate the matter straight away. While you wait to hear from us, you need pay only the undisputed part of the bill by the due date for payment. You must not set-off or deduct any amount in any other circumstances.

If we agree there is a mistake, we will adjust your next bill or, if appropriate provide a refund. If we find there is no mistake and if the due date for payment has already passed, you must pay the amount outstanding straight away.

If you do not pay a bill by the due date for payment: 1. You may be charged interest on the unpaid amount from that date until you pay it; the interest rate will be the rate set out in the Telecom List of Charges; 2. You may be required to pay any costs that are incurred by anyone (including agents) in recovering the money you owe or in exercising any other rights, including commissions and legal costs on a solicitor and client basis; 3. We may withhold, suspend, restrict or terminate any services provided for you.

Stopping services

11. Disconnecting or restricting services

If you do not pay our charges or meet any responsibilities you have to us or any other Telecom company, we may disconnect or restrict any service at any time. For example, we may put a toll bar on your phone. We will try to contact you before doing this.

If you do not pay the charges for 0900 calls charged to you or made from your phone through the Telecom networks, we may also at any time suspend or restrict your ability to make 0900 calls, or suspend or restrict any service we provide.

Where we disconnect a service for these reasons, normal charges will not apply from that date (because you will not be able to use the service). A disconnection fee may apply, as set out in clause 26. You may have to pay a reconnection charge before you can use it again. Where we restrict a service, you will be able to continue to use the restricted service and normal charges continue to apply in that case. We may also temporarily disconnect or restrict any service if we think it reasonable or necessary, e.g. to work on the Telecom networks. Normal charges continue to apply in that case.

12. Giving up or ending services

From 1 August 2011 clause 12 (Giving Up or Ending Services) of the Telecom Mobile Prepaid Agreement for CDMA customers is amended as follows:

You may temporarily or permanently give up any additional service we provide for you with our TELECOM PREPAID service (such as our Cellular Secretary service) by calling Customer Services on *123 from your mobile phone. You may also give up our TELECOM PREPAID service by calling Customer Services. You may also give up our TELECOM PREPAID service at any time for any reason by simply ceasing to use your TELECOM PREPAID service at least once every 24 months. For avoidance of doubt, using your TELECOM PREPAID service means that there is no inbound or outbound activity on your Telecom Prepaid Mobile Phone (including no voice calls, SMS or MMS text messages and data use) and no top-up activity

You may end the agreement you have in place with us by writing to us. If you give up a service and later want it reconnected, you may have to pay a reconnection charge.

If your TELECOM PREPAID service ends for any reason:

Any unused TELECOM PREPAID cards you have will still expire on their expiry date. Any unused credit balance in your TELECOM PREPAID account will lapse.

Unless we agree otherwise (for example, if you have transferred to another Telecom mobile network covered by another agreement with us or you have ported your number to another mobile provider), any Telecom telephone numbers allocated for you to use under this agreement will no longer be available to you; if those numbers are listed, we may remove them from the next telephone book.

We may decide to stop providing any of our services to you. If we do this, we will try to tell you at least one month before we stop providing the service. We may do this by putting a notice in major daily newspapers.

Any CDMA Prepaid customer who have not used their CDMA Prepaid mobile phone at least once in the last 24 months as of 1 September 2011 will have their CDMA Prepaid service disconnected from this date. Any remaining credit will expire, your agreement with us will end and the phone number allocated to that phone will be lost. This will only occur if there is no inbound or outbound activity on the Prepaid mobile phone and no top-up activity. If you used your CDMA Prepaid mobile device before 1 September 2011, it will not be disconnected until the closure of the old CDMA Mobile Network on 31 July 2012 or earlier in accordance with your current CDMA contract.

Any unused credit on all other CDMA prepaid mobiles will expire on 31 July 2012 or can be transferred to a new Telecom XT mobile if you upgrade before this date.

Your CDMA mobile number will also be lost on 31 July 2012 unless it is transferred to a new Telecom XT mobile or a mobile phone with another provider. If your CDMA mobile number is listed and not transferred as above, Telecom may remove the number from the next telephone book.

Compensation and liability

13. Your rights to compensation from us

You agree that your rights to compensation and the limitations that apply are set out in this clause 13 and clauses 14 and 15. As always clause 2 takes priority.

Reasonable expenses
Where a service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know. Where we consider it appropriate, we will refund to you an amount equal to our standard monthly charge for the affected service. For us to consider your claim, you must tell us within 1 month after the service is affected.

Property damage
If, in the course of providing a service, we or anyone we are responsible for, cause physical damage to your property through not taking reasonable care, we will pay the reasonable costs of repairing the damage up to the maximum amount set out in clause 16. For us to consider your claim, you must tell us within 1 month after the property is damaged.

Force Majeure
If we are prevented from carrying out any obligation in this agreement by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or delay in performing, any such obligation set out in this agreement.

14. Exclusion of our liability

We have set out your rights to claim a refund or compensation from us. We now exclude all other liability we may have to you. This exclusion also applies for the benefit of these people:

• every Telecom company or Telecom-approved agent
• other network operators we allow to use our network or who allow us to use their networks
• every officer, employee, contractor and everyone else any of the people listed above is responsible for
• anyone else we get to perform our responsibilities under any agreement you have with us.

None of the persons listed is liable or has to pay you for anything else in connection with or resulting from anything any one of those persons does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

This exclusion applies whatever you are claiming for and in whatever way any liability might arise if it were not for this clause. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you.

15. Limitation of our liability

We have set out your rights to claim compensation from us and excluded all other liability we or any of the people referred to in clause 14 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 14, then this clause applies.

Where this clause applies, the maximum combined amount the persons listed in clause 14 (together) will have to pay you and anyone else who uses the services we provide to you (together) is:

• $50,000 for any event or any series of related events
• a total of $100,000 in any 12 month period.

General

16. Using information about you

During any relationship you have with any Telecom company you agree that we and other Telecom companies may collect information about you. The information may be obtained from you and others or generated within any of the Telecom networks when you or anyone else uses our services or those of any service provider approved by us. You may decide whether to provide any information any of us seeks from you. However, if you do not provide it, we and other Telecom companies may not be able to provide services to you.

You may ask to see information any of us holds about you and ask for any details that are wrong to be corrected.

We, other Telecom companies and, to the extent appropriate, any service providers approved by us for the provision of directory listing and directory assistance services may hold the information and share it to the extent appropriate with each other, with Telecom employees, contractors and agents and any provider of directory listing and directory assistance services and with credit reference and debt collection agencies. This enables us and other Telecom companies and agencies and any service provider approved by us to provide services for you and others, send you bills, recover and report on money you owe and keep you informed of services available to you. Credit reporters may include credit checks and any defaults in payment to Telecom in their databases and share this information with others who wish to conduct credit checks on you. You can let us know at any time that you do not want to receive sales and marketing information from us by calling us on 123.

We and other Telecom companies may:

• share with other network operators the telephone numbers allocated to you and any other information needed to enable you to make and receive calls through their networks; this does not include your name and address
• share to the extent appropriate your name, address and the telephone numbers allocated to you with any person (except other network operators) using services provided by any of us or any service provider approved by us for providing directory assistance and directory listing services; this information may also be used or accessed by us or any such service provider in or from any directories and other publicly available accessible publications and databases
• share with any 0900 information provider or its agent to whom an 0900 call is made, your name, address and any information about that call; this applies only where the call is charged to you, or made from your phone through the Telecom networks, and you do not pay for that call by the due date for payment
• share with a content provider your name and information about your access to that content provider's content where access to that content is subject to a specific charge to you and you do not pay by the due date. You may prefer to restrict access to your name, address and the telephone numbers allocated to you. Please tell us if you want to know about the ways you can do this.

17. These terms apply at all times

These terms continue to apply no matter where you live and whatever telephone numbers we allocate for you to use from time to time. This will be the case until the agreement is cancelled except to the extent clause 27 applies.

18. Changing these terms

We may change or remove existing terms or add new ones. Changes may take the form of completely new terms. We can do this without the need to obtain the consent of the companies and persons in clause 21. We will tell you about any changes at least one month before they come into effect. We will tell you about any changes by sending you notice as outlined in clause 20 or by putting a notice in major daily newspapers. Please ask us at any time for a free copy of our current terms.

19. Other terms

Other terms apply to some of our services. This may also be the case with some of the services provided under this agreement. Where that is the case we will tell you about those terms. Once agreed in writing those terms will be part of this agreement.

20. Sending accounts and notices

We will send bills and other notices to the last address or fax number you have given us. We can assume any:

• bill or notice has been delivered 5 days after we send it; or
• fax has been received when we receive confirmation of transmission.

Please tell us if you change your address or fax number by calling Customer Services.

21. Meeting our responsibilities through agents or service providers

We may have any Telecom company, Telecom-approved agent or service provider approved by us perform any part of our side of the agreement you have with us. In that case each of those companies, or agents or service providers and their officers, employees, contractors or agents shall have the benefit of any terms of this agreement that confer benefits on us.

22. Transferring our responsibilities

We may transfer to someone else the whole of our side of the agreement you have with us. You may not transfer this contract or any benefit or obligation of it to any other person. If you are a business and your effective management or control is changed in any way, then this will be treated by us as a transfer of this agreement entitling us to end it.

23. More than one customer

Every person named as the customer in the agreement you have with us must meet all the customer's responsibilities under that agreement.

24. Telecom Networks

Acquiring the services does not give you any rights in any part of the Telecom networks.

25. Each term separately binding

Each term of every agreement you have with us is separately binding. If for any reason we, you or any of the people listed in clause 14 cannot rely on any term, all other terms remain binding.

26. Ending the Agreement you have with Us

If you want to end the agreement you have with us, please call either *123 (individual) or 126 (business). Unless we both have agreed to the contrary, the agreement will end and charges will stop 1 month after we receive your notice of termination. A disconnection fee will apply, and other charges may apply.

Early disconnection. If you are on a term contract and it ends before the end of the contract period, an early disconnection fee may apply. The fees depend on your voice plan, or data plan if you only have a data plan, and the number of months remaining of the contract term. A schedule of disconnection fees is attached to this agreement and forms part of this agreement. Please call either *123 (individual) or 126 (business) to confirm the fee that will apply in your case at the time of disconnection.

The disconnection fee is based on voice plan, or data plan if you only have a data plan, and month in the term contract as shown in the table in the schedule of disconnection fees (PDF 30KB).

We may end this agreement at any time if you do not pay our charges or meet your responsibilities to us or any other Telecom company. We may end this agreement for any other reason by giving you at least 1 month's notice.

27. Rights and responsibilities that continue

The ending of any agreement you have with us does not affect any rights and responsibilities which are intended to continue or come into force afterwards. To avoid any doubt, these include the rights and responsibilities under clauses 2, 4-10, 12,14-18, 20, 22, 24, 26 and this clause 27.

Telecom Mobile Prepaid Agreement

For new Telecom Prepaid Mobile customers from 25 August and all Telecom Prepaid Mobile customers from 25 September 2007

1. This Agreement
2. Our TELECOM PREPAID Service
3. Our Commitments To You
4. Your Responsibilities To Us
5. Your Responsibility For Services You Acquire From Other Suppliers
6. Telephone Numbers
7. Wireless Data and Internet Content
8. Your Responsibility For Our Charges
9. Using Your TELECOM PREPAID Account
10. Other Common Charges
11. Withholding, Suspending or Restricting Services
12. Giving Up or Ending Services
13. Your Rights To Compensation From Us
14. Exclusion Of All Other Liability
15. Limitation Of Our Liability
16. Information About You
17. These Terms Apply At All Times
18. Changing These Terms
19. Other Terms
20. Sending Notices
21. Meeting Our Responsibilities Through Agents and Service Providers
22. Transferring Our Responsibilities
23. Each Term Separately Binding
24. Ending The Agreement You Have With Us

1. This Agreement

This agreement governs our relationship with you for the provision of our TELECOM PREPAID Cellular telephone service and related services. These terms replace the existing terms of the Telecom (027) Prepaid Agreement and apply from 25 September 2007. If you have any questions about these terms, or whether they apply, call Customer Services on *123 (from a mobile phone) or otherwise on 0800 800 163. We will be pleased to help you. The Telecom Mobile Services Agreement does not apply to our TELECOM PREPAID service.

In this agreement 'we' means Telecom Mobile Limited, 'you' means you, our customer, and 'services' covers all goods and services of any kind we agree to provide and anything else we do.

2. Our TELECOM PREPAID Service

Our TELECOM PREPAID service allows you to make and receive most local, national and international calls (when within our mobile network coverage area) using a cellular telephone. In addition, our Cellular Secretary service is available by calling Customer Services on *123 (from a mobile phone) or 0800 800 163 from any other phone.

To use the service, you will need to use a TELECOM PREPAID account and keep it topped up. You pay our charges for the calls you make by using the credit balance in your account. No bills for call charges are sent to you.

Operator-assisted services (such as receiving Collect Calls) and many other mobile telephone services (such as Call Diversion and 0900 call services) are not available to you through using our TELECOM PREPAID service. If you require details about these services, please call us free on *123 (from a mobile phone) or on 0800 800 163 for information on other Telecom Mobile call plans which include these services.

3. Our Commitments To You

Answering your queries

We will provide a customer call line for any queries you have about our TELECOM PREPAID service. Call us on 0800 32 32 32 from your mobile phone. There is no charge to call this number.

Replacing faulty TELECOM PREPAID cards

TELECOM PREPAID cards have an expiry date printed on them. They cannot be used after that date. If you have a TELECOM PREPAID card which has not reached its expiry date and appears to be faulty, just fill in the complaint form available from any TELECOM PREPAID card retailer and send the form with the faulty TELECOM PREPAID card to Telecom, FreePost No. 4083, Private Bag 92028, Auckland. We will check the card and, if it is faulty, send you a replacement card. If you cannot get a form from a TELECOM PREPAID card retailer, please call us free on *123 (from a mobile phone) or 0800 800 163 from any other phone.

Our services

We will always do our best to provide quality services but we do not guarantee they will be continuous or fault-free. We may alter our services from time to time. If we alter our services in a way that materially reduces the service offering currently received by you, we will provide you a minimum of 10 working days' notice or wherever possible one month's notice of such alterations. We will tell you of such alterations by emailing or writing to you or sending you a SMS text message and by publishing the change on our website.

4. Your Responsibilities To Us

General

You agree to meet these general responsibilities:

• make sure all information you give to us or to any service provider approved by us is correct and complete
• follow our instructions about the use of the services and only use them for lawful purposes
• use the services without annoying anyone and without interfering with anyone else's use of the services
• if you have purchased a cellular phone from us, then you warrant that you intend it to be used on the Telecom Network
• not do anything or introduce anything (including any virus) that may harm our, or any third party, equipment
• not use the 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
• let us or any of our agents or subcontractors come onto your property to work on our network or anything connected to it. We will always try to contact you before doing this and the people we send will carry proof of identity. If you do not grant access to your property this may impact on services you or others receive from us, including our ability to provide you with the relevant service.

Responsibilities relating to the Telecom Network

The Telecom Network consists of all the communications facilities owned by us and by other Telecom companies which we use to provide our services for you and other customers. Acquiring our services does not give you any rights in any part of the Telecom Network. The network does not include your mobile phone.

You agree to meet these responsibilities relating to the Telecom Network:

• Never interfere with any part of the Telecom Network; only people we authorise may work on it.
• Make sure nothing is connected to the Telecom Network unless it has a Telepermit or is otherwise approved by us or another Telecom company; this helps make sure the equipment does not damage the Telecom Network but does not mean it will always remain compatible with it.
• Pay for repairing or replacing any part of the Telecom Network which is lost, stolen or damaged while you are responsible for it.

Responsibility for other people

You agree to make sure everyone you are responsible for also meets the above responsibilities.

5. Your Responsibility For Services You Acquire From Other Suppliers

Responsibility for your own equipment

If equipment supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem.

Any responsibilities we may have for equipment you buy directly from us will be covered by a separate warranty or sales agreement for that equipment.

Telephone services from other suppliers

You are responsible for your relationship with any other network operator providing services for you. If there is a problem with a service provided for you by another network operator, you need to contact the other network operator, rather than us, about the problem.

6. Telephone Numbers

We will allocate one or more Telecom telephone numbers for you to use. This is a Telecom service. The numbers always remain our property even if we are no longer providing any other services for you.
We may change any number we have allocated. For example, we may allocate you a new Telecom telephone number. We will try to give you reasonable notice before making any change but we do not have to pay you anything if we change your number.

7. Wireless Data and Internet Content

If the services allow you to access material that originates from you or third parties, we may monitor material made available by you or any third party and remove any material that we consider to be inappropriate or in breach of any law or third party right. We take no responsibility for any material accessible using the services that does not originate directly from us.

If the services provide links to third party sites, we are in no way responsible for such links or the content of any such sites. We have included such links for convenience and such inclusion is in no way an endorsement of the applicable site or third party.

We are not responsible for:

• ensuring that the information you access or make available through using the services will be private or secure or free from viruses or other harmful things
• any transactions you enter into through use of the services or any dealings between you and any advertisers or other third parties using the services or your participation in any promotions
• any inaccuracies in any material you obtain from the services or any loss or damage arising from your use of such material
• any delay in your receipt of information you select for transmission to your mobile phone
• fixing any faults in your mobile device or in any part of the Internet beyond our telecommunications network.

CHARGES

8. Your Responsibility For Our Charges

Outgoing Calls

For calls made from your mobile phone there is a one minute minimum charge. Calls are charged in one minute increments. You agree that you are liable for our charges for the services we provide for you no matter who uses them. For example, you are responsible for the charges for anyone else's use of your telephone, even where you lose your telephone.

The standard charges for all our commonly used services are set out in a document called the Telecom List of Charges. We may change our charges from time to time. Where we increase any charges for any of our services (including introducing charges for services that are currently free) we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes. We will tell you about any such changes by emailing or writing to you or sending you a SMS text message and by publishing the changes on our website.

You must pay the purchase price of any mobile phone or other equipment you buy from us. We will continue to own the phone and other equipment until you have paid for it in full. It will be at your risk from the time it is delivered to you.

9. Using Your TELECOM PREPAID Account

Topping up your account balance

Our charges to you will include call charges for your use of the Telecom Network. You will only be able to use our TELECOM PREPAID service to make calls if there is a credit balance in your TELECOM PREPAID account. To maintain a credit balance in your account, you need to top it up from time to time. You can do this by buying and using a TELECOM PREPAID $20, $30 or $50 cards which you can buy from this website or from one of thousands of retailers nationwide or by using your qualifying credit card or ATM machine.

You do this over your mobile phone by calling us free on 0800 32 32 32. We will tell you which credit cards we accept.

If the credit balance in your TELECOM PREPAID account is used up while you are on a call, the call will be automatically disconnected.

TELECOM PREPAID balances and cards are not refundable.

Restricted use after your credit balance is used up

If you use up the credit balance in your TELECOM PREPAID account and don't top-up you will be able to receive most incoming calls (except Collect Calls) but the only calls you will be able to make will be 111 and other free calls.

10. Other Common Charges

Examples of other charges for commonly used services include:

• The charge for a TELECOM PREPAID How to Get Going pack which includes instructions on how to begin using your TELECOM PREPAID account and a call time credit to get you started.
• Charges for calls to directory assistance and our Cellular Secretary service.
• Charges for services provided by any service provider approved by us (eg enhanced directory listing services if applicable).

You must also pay any reasonable expenses we incur in exercising any of our legal rights.

STOPPING SERVICES

11. Withholding, Suspending or Restricting Services

If you do not meet any responsibilities you have to us or to any other Telecom company, we may withhold, suspend or restrict any service at any time. We will try to contact you before doing this. If our TELECOM PREPAID service to you is suspended for this reason, you may have to pay a reconnection charge before you can use it again. If we restrict a service, you will be able to continue to use the restricted service and normal charges continue to apply.

We may also suspend or restrict any service and in any other circumstances if we think it is reasonable or necessary. We will try to contact you before doing this.

12. Giving Up or Ending Services

You may temporarily or permanently give up any additional service we provide for you with our TELECOM PREPAID service (such as our Cellular Secretary service) by calling Customer Services on *123 from your mobile phone. You may also give up our TELECOM PREPAID service by calling Customer Services. The agreement you have with us will remain in place unless you end it by writing to us. If you give up a service and later want it reconnected, you may have to pay a reconnection charge.

If you give up our TELECOM PREPAID service:

• Any unused TELECOM PREPAID cards you have will still expire on their expiry date.
• Any unused credit balance in your TELECOM PREPAID account will lapse.
• Unless we agree otherwise (for example, if you have transferred to another Telecom mobile call plan covered by another agreement with us), any Telecom telephone numbers allocated for you to use under this agreement will no longer be available to you; if those numbers are listed, we may remove them from the next telephone book.
• We may decide to stop providing any of our services to you. If we do this, we will try to tell you at least one month before we stop providing the service. We may do this by putting a notice in major daily newspapers. The agreement you have with us will remain in place.

COMPENSATION AND LIABILITY

13. Your Rights To Compensation From Us

Reasonable expenses

Where a service we provide is affected because we do not meet our responsibilities to you and you reasonably incur expenses as a result, please let us know. We will contribute to your expenses by sending you TELECOM PREPAID cards to a value we consider appropriate in the circumstances. For us to consider your claim, you must tell us within one month after the service is affected. A TELECOM PREPAID card benefit is not available where such an event occurs because we are not given correct information or through other causes beyond our reasonable control.

Consumer Guarantees Act 1993

If you are acquiring our services for the purposes of a business as defined in the Consumer Guarantees Act 1993, or if you indicate to us you are doing so, you agree that the provisions of that Act do not apply to the services we provide under this agreement. If you are not acquiring our services for those purposes, the Consumer Guarantees Act 1993 may apply to the services we provide for you. Any rights you may have under that Act apply in addition to the rights set out in this agreement.

Force Majeure

If we are prevented from carrying out any obligation in this agreement by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or delay in performing, any such obligation set out in this agreement.

14. Exclusion Of All Other Liability

We have set out your rights to claim compensation from us. We now exclude all other liability we may have to you. This exclusion applies for the benefit of these people:

• Us and every other Telecom company
• Network operators other than us whose networks are connected to each other or to our network
• All companies directly or indirectly owned, partly owned or controlled by any of the people listed above
• All officers, employees, contractors and agents of all the people listed above
• Anyone else any of the people listed above is responsible for.

None of these people is liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.

This exclusion applies whatever you are claiming for and however any liability arises or might arise if it were not for this clause.

This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you.

15. Limitation Of Our Liability

We have set out your rights to claim compensation from us and excluded all other liability we or any of the other people listed in clause 14 may have to you. If we or any of the other people listed in clause 14 are ever liable to you and for any reason, cannot rely on the exclusion of liability set out in clause 14, then this clause applies.

Where this clause applies, the maximum combined amount all the people listed in clause 14 (together) will have to pay you and anyone else who uses the services we provide for you (together) is:

• $5,000 for any event or for any series of related events
• a total of $10,000 in any 12 month period.

This limitation does not limit any rights you may have under the Consumer Guarantees Act 1993 if you are not acquiring our services for the purposes of a business as defined in that Act or if you have not indicated to us you are doing so.

GENERAL

16. Information About You

Collecting information

While you have an agreement with any Telecom company, you agree that we and other Telecom companies may collect information about you. The information may be obtained from you and others or generated within our network when you or anyone else uses our services or those of any service providers approved by us.

It's your decision whether to provide any information we seek from you. However, if you do not provide it, we and other Telecom companies may not be able to provide services for you.

You may ask to see information any of us holds about you and ask for any details that are wrong to be corrected.

Holding and using information

We, other Telecom companies and, to the extent appropriate, any service providers approved by us for the provision of directory listing and directory assistance services may hold the information and share it to the extent appropriate with each other, with Telecom employees, contractors and agents and any provider of directory listing and directory assistance services and with credit reference and debt collection agencies.

This enables us and other Telecom companies and agencies and any service provider approved by us to provide services for you and others, send you bills, recover and report on money you owe and keep you informed of services available to you. Credit reporters may include credit checks and any defaults in payment to Telecom in their databases and share this information with others who wish to conduct credit checks on you.

You can let us know at any time that you do not want to receive sales and marketing information from us by calling us on 123.

We, and other Telecom companies may:

• share with other network operators the telephone numbers allocated to you and any other information needed to enable you to make and receive calls through their networks; this does not include your name and address 
• share to the extent appropriate your name, address and the telephone numbers allocated to you with any person (except other network operators) using services provided by any of us or any service provider approved by us for providing directory assistance and directory listing services; this information may also be used or accessed by us or any such service provider in or from any directories and other publicly available accessible publications and databases.

We may occasionally monitor telephone calls between customers and our personnel so as to help train our personnel to provide better customer service. Any information we collect by doing this will be used in strict compliance with privacy laws.

Restricting access to information

You may prefer to restrict access to your name, address and telephone numbers allocated to you. Please call us free on *123 if you want to know about the ways you can do this.

You are responsible for keeping confidential any Personal Identification Number or password used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is made from your mobile phone.

17. These Terms Apply At All Times

These terms continue to apply for as long as the agreement you have with us remains in place, no matter where you live and whatever telephone numbers we allocate for you to use from time to time.

These terms do not apply to anything other network operators agree to do for you under any agreements between you and them.

18. Changing These Terms

We may change or remove any of these terms or add new ones. Changes may take the form of completely new terms. We can do this without the need to obtain the consent of the people listed in clause 14.

We will give you at least 10 working days' notice or wherever possible one month's notice of any changes that we consider will have a material detrimental effect on you. In all other cases we will try to give you one month's notice of any change.

We may do this by emailing or writing to you or sending you a SMS text message or putting a notice in major daily newspapers. The notice may set out the actual changes or explain their general nature. Please ask us at any time for a free copy of the current terms governing our TELECOM PREPAID service.

19. Other Terms

Other terms apply to some services we may provide for you in connection with our TELECOM PREPAID service. For example, additional terms apply when directories listing services are provided to you. Where that is the case, we will tell you about those terms or send you a copy of them.

20. Sending Notices

If you tell us your address or fax number, we may send notices to you at the last address or fax number you have given us. Please tell us if you change you address or fax number by calling Customer Services.

We can assume that any notice has been delivered five days after we send it and that any fax has been received if we hold a correct confirmation of transmission. You do not have to tell us your name, address or fax number. If we do not have these details, we cannot send notices to you.

21. Meeting Our Responsibilities Through Agents and Service Providers

We may have any Telecom company or Telecom-approved agent or any service provider approved by us perform any part of our side of the agreement you have with us. In that case, each of those companies or agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of the agreement that confer benefits on us.

22. Transferring Our Responsibilities

We may transfer to someone else all or any part of our side of the agreement you have with us.

23. Each Term Separately Binding

Each term of the agreement you have with us is separately binding. If for any reason you, we or any of the other people listed in clause 14 cannot rely on any term, all other terms remain binding.

24. Ending The Agreement You Have With Us

The ending of this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards. These include the rights and responsibilities under clauses 4 to 10, 13 to 17, 23 and 24 of these terms.

Boost Mobile Prepaid Agreement

(For new Boost Mobile Prepaid customers from 25 August and all Boost Mobile Prepaid customers from 25 September 2007)

1. This Agreement
2. Our Boost Pre-paid Mobile Service
3. Our Commitments To You
4. Your Responsibility To Us
5. Your Responsibility and Services from Other Suppliers
6. Telephone Numbers
7. Wireless Data and Internet Content
8. Your Responsibility For Our Charges
9. Using Your Boost Pre-Paid Mobile Account
10. Other Common Charges
11. Withholding, Suspending or Restricting Services
12. Giving Up Or Ending Services
13. Your Rights To Compensation From Us
14. Exclusion Of all Other Liability
15. Limitation Of Our Liability
16. Information About You
17. These Terms Apply At All Times
18. Changing These Terms
19. Other Terms
20. Sending Notices
21. Meeting Our Responsibilities Through Agents or Service Providers
22. Transferring Our Responsibilities
23. Each Term Separately Binding
24. Ending the Agreement You Have With Us

1. This Agreement

This agreement governs our relationship with you for the provision of our Boost Pre-Paid Mobile 025 or 027 service and related services. These terms replace the terms of the existing Boost Mobile Prepaid Agreement and apply from 25 September 2007. If you have any questions about these terms, or whether they apply, call our customer services on 0800 4BOOST. We will be pleased to help you. In this agreement 'We' means Telecom Mobile Limited, 'you' means you, our customer, 'Telecom' means the group of companies owned by or related to Telecom Corporation of New Zealand Limited and 'services' covers all goods and services of any kind we agree to provide and anything else we do. 'Boost Pre-Paid Mobile' is a trademark of Telecom.

2. Our Boost Pre-paid Mobile Service

Our Boost Pre-Paid Mobile service allows you to make and receive most local, national and international calls (when within our mobile network coverage area) using a mobile phone. To use this service, you will need a Boost Pre-Paid Mobile account and keep it topped up. You pay our charges for the calls you make by using the credit balance in your account. No bills for call charges are sent to you. The Boost Pre-Paid Mobile pack contains instructions on how to begin using your Boost Pre-Paid Mobile account.

Operator-assisted services (such as receiving Collect Calls) and many other mobile phone services (such as Call Diversion and 0900 call services) are not available to you through using our Boost Pre-Paid Mobile service. If you require details about these services or for information on other Telecom Mobile call plans which include these services, please call our customer services on 0800 4BOOST.

We may alter our services from time to time. If we alter our services in a way that materially reduces the service offering currently received by you, we will provide you a minimum of 10 working days' notice or wherever possible one month's notice of such alterations. We will tell you of such alterations by emailing or writing to you or sending you a SMS text message and by publishing the change on our website.

3. Our Commitments To You

Answering your queries: We will provide a customer call line for any queries you have about our Boost Pre-Paid Mobile service. Call us on 0800 4BOOST from your mobile phone. There is no charge to call this number.

Listing you with Directory Assistance: If you complete and send to us the customer questionnaire located at www.boostmobile.co.nz, we will list you with (or provide your information to a service provider approved by us for listing with) directory assistance at no charge. This does not mean you will be listed in the telephone book.

Replacing faulty Re-Boost Cards: Re-Boost Cards have an expiry date printed on them. They cannot be used after that date. If you have a Re-Boost Card which has not reached its expiry date and appears to be faulty, just fill in the complaint form available from any Re-Boost Card retailer and send the form with the faulty Re-Boost Card to Telecom, FreePost No. 4083, Private Bag 92028, Auckland. We will check the card and, if it is faulty, send you a replacement card. If you cannot get a form from a Re-Boost Card retailer, please call us free on 0800 4BOOST.

Our Services: We will always do our best to provide quality services, but we do not guarantee they will be continuous or fault-free.

4. Your Responsibility To Us

General

You agree to meet these general responsibilities:

• Make sure all information you give to us or any other service provider approved by us is correct and complete.
• Follow our instructions about the use of the services and only use them for lawful purposes.
• use the services without annoying anyone and without interfering with anyone else's use of the services.
• If you have purchased a mobile phone from us, then you warrant that you intend it to be used on the network.
• Not use the 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 similar activity.
• Let us or any of our agents or subcontractors come onto your property to work on our network or anything connected to it. We will always try to contact you before doing this and the people we send will carry proof of identity. If you do not grant access to your property this may impact on services you or others receive from us, including our ability to provide you with the relevant service.

Responsibilities relating to the Network:

The network consists of all the communications facilities owned by Telecom companies which we use to provide our services for you and other customers. Acquiring our services does not give you any rights in any part of the network. The network does not include your mobile phone.

5. Your Responsibility and Services From Other Suppliers

Responsibility for your own equipment

If equipment supplied to you by someone else does not work properly, you need to contact the equipment supplier or manufacturer, rather than us, about the problem. Any responsibilities we may have for equipment you buy directly from us will be covered by a separate warranty or sales agreement for that equipment.

Telephone Services from other suppliers

You are responsible for your relationship with any other network operator providing telephone services for you. If there is a problem with a service provided for you by another network operator, you need to contact the other network operator, rather than us, about the problem.

6. Telephone Numbers

We will allocate one or more telephone numbers for you to use. This is a Telecom service. The numbers always remain our property even if we are no longer providing any other services for you. We may change any number we have allocated. For example, we may allocate you a new telephone number. We will try to give you reasonable notice before making any change but we do not have to pay you anything if we change your number.

7. Wireless Data and Internet Content

If the services allow you to access material that originates from you or third parties, we may monitor material made available by you or any third party and remove any material that we consider to be inappropriate or in breach of any law or third party right.

We take no responsibility for any material accessible using the services that does not originate directly from us. If the services provide links to third party sites, we are in no way responsible for such links or the content of any such sites. We have included such links for convenience and such inclusion is in no way an endorsement of the applicable site or third party.

We are not responsible for:

• ensuring that the information you access or make available through using the services will be private or secure or free from viruses or other harmful things
• any transactions you enter into through use of the services or any dealings between you and any advertisers or other third parties using the services or your participation in any promotions
• any inaccuracies in any material you obtain from the services or any loss or damage arising from your use of such material
• any delay in your receipt of information you select for transmission to your mobile phone
• fixing any faults in your mobile device or in any part of the Internet beyond our telecommunications network.

8. Your Responsibility For Our Charges

Outgoing calls: For calls made from your mobile phone there is a one minute minimum charge. Calls are charged in one minute increments. You agree that you are liable for our charges for the services we provide for you no matter who uses them. For example, you are responsible for the charges for anyone else's use of your telephone, even where you lose your telephone. The standard charges for all our commonly used services can be found at www.boostmobile.co.nz.

We may change our charges from time to time. Where we increase any charges for any of our services (including introducing charges for services that are currently free) we will provide you with a minimum of 10 working days' notice or wherever possible one month's notice of these changes. We will tell you about any such changes by emailing or writing to you or sending you a SMS text message and by publishing the changes on our website. You must pay the purchase price of any mobile phone or other equipment you buy from us. We will continue to own the phone and other equipment until you have paid for it in full. It will be at your risk from the time it is delivered to you.

9. Using Your Boost Pre-Paid Mobile Account

Re-Boosting your Account Balance: Our charges to you will include call charges for your use of the network. You will only be able to use our Boost Pre-Paid Mobile service to make calls if there is a credit balance in your Boost Pre-Paid Mobile account. To maintain a credit balance in your account, you need to re-boost from time to time by buying and using Boost Pre-Paid Mobile Re-Boost Cards or Telecom Go PREPAID Cards, by using selected ATM's, online at www.boostmobile.co.nz or by using your qualified credit card. You do this over the phone by calling us free on 0800 32 32 32.

We will tell you which credit cards we accept. If the credit balance in your Boost Pre-Paid Mobile account is used up while you are on a call, the call will be automatically disconnected. Boost Pre-Paid Mobile & Telecom Go PREPAID balances and cards are not refundable.

• Restricted use after your credit balance is used up: If you use up the credit balance in your Boost Pre-Paid Mobile account and don't re-boost or top-up you will be able to receive most incoming calls (except Collect Calls) but the only calls you will be able to make will be 111 and other free calls.

10. Other Common Charges

• Charges for calls to directory assistance and our Cellular Secretary message retrieval service
• Charges for other services available on your Boost Pre-Paid Mobile Phone.

You must also pay any reasonable expenses we incur in exercising any of our legal rights.

Stopping Services

11. Withholding, Suspending Or Restricting Services

If you do not meet any responsibilities you have to us or any Telecom company, we may withhold, suspend or restrict any service at any time. We will try to contact you before doing this. If our Boost Pre-Paid Mobile service to you is suspended for this reason, you may have to pay a reconnection charge before you can use it again. If we restrict or disconnect a service, you may still be able to use some services and normal charges continue to apply to your use of those other services. We may also suspend or restrict any service in any other circumstances if we think it reasonable or necessary. We will try to contact you before doing this.

12 Giving Up Or Ending Services

12.1 Your right to give up or end Services

(a) You may temporarily or permanently give up any additional service we provide for you with our Boost Prepaid Mobile service (such as our Cellular Secretary service) by calling Customer Services on 0800 4BOOST If you give up a service and later want it reconnected, you may have to pay a reconnection charge.

(b) You may also give up our Boost Prepaid Mobile service in full, by calling our customer services or simply by not re-boosting your Boost Prepaid Mobile account. Subject to clause 23, the agreement you have with us will terminate on the date you advise us you wish to give up our Boost Prepaid Mobile service.

12.2 Our right to give up or end Services

(a) We may decide to temporarily or permanently stop providing our services to you. If we do this, we will tell you at least one month before we stop providing the service. We may do this by giving you notice under clause 20.

12.3 On termination of the Boost Prepaid Mobile Service

(a) Any unused Re-Boost cards you have will expire on their expiry date.

(b) Unless we agree otherwise (for example, if you have transferred to another Telecom mobile call plan covered by another agreement with us), any Telecom telephone numbers allocated for you to under this agreement will no longer be available to you; if those numbers are listed, we may remove them from the next telephone book.

Compensation and Liability

13. Your Rights To Compensation From Us

Reasonable Expenses

Where a service we provide to you is affected because we do not meet our responsibilities to you, and you reasonably incur expenses as a result, please let us know. We will contribute to your expenses by sending you Re-Boost Cards to a value we consider appropriate in the circumstances. For us to consider your claim, you must tell us within one month after the service is affected. A Re-Boost Card benefit is not available where such an event occurs because we are not given correct information or through other causes beyond our reasonable control.

Consumer Guarantees Act 1993

If you are acquiring our services for the purposes of a business as defined in the Consumer Guarantees Act 1993, or if you indicate to us that you are doing so, you agree that the provisions of the Act do not apply to the services we provide under this agreement. If you are not acquiring our services for those purposes, the Consumer Guarantees Act 1993 may apply to the services we provide for you. Any rights you may have under the Act apply in addition to the rights set out in this agreement.

Force Majeure

If we are prevented from carrying out any obligation in this agreement by reason of any act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond our reasonable control, we must endeavour to advise you of the existence of the circumstances and the expected duration of and the obligations affected by the circumstances. Our performance of this agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to exist. We will not be liable to you for a failure to perform, or a delay in performing, any obligation set out in this agreement.

14. Exclusion Of All Other Liability

We have set out your rights to claim compensation from us. We now exclude all other liability we may have to you. The exclusion also applies for the benefit of these people:

• Us and every Telecom company
• Network operators other than us whose networks are connected to each other or to our network
• All officers, employees, contractors and agents of the people listed above
• Anyone else that the people listed above are responsible for.

None of these people are liable to you or has to pay for anything else caused by or resulting from anything any of them do or do not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and however any liability arises or might arise if it were not for this clause. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you.

15. Limitation of our Liability

We have set out your rights to claim compensation from us and excluded all other liability we or any of the people listed in clause 14 may have to you. If any of the other people listed in clause 14 are ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 14, then this clause applies. Where this clause applies, the maximum combined amount the persons listed in clause 14 (together) will have to pay you and anyone else who uses the services we provide to you (together) is:

• $5,000 for any event or any series of related events 
• a total of $10,000 in any 12 month period.

This limitation does not limit any rights you may have under the Consumer Guarantees Act 1993 if you are not acquiring our services for the purposes of a business as defined in that Act or if you have not indicated to us that you are doing so.

General

16. Information About You

Collecting Information

While you have an agreement with us, you agree that we and Telecom companies may collect information about you. The information may be obtained from you and others or generated within our network when you or anyone else uses our services. You may decide whether to provide any information any of us seeks from you. However, if you do not provide it, we and Telecom companies may not be able to provide services for you. You may ask to see information any of us holds about you and ask for any details that are wrong to be corrected.

Holding and Using Information

We, other Telecom companies and, to the extent appropriate, any service providers approved by us for the provision of directory listing and directory assistance services may hold the information and share it to the extent appropriate with each other, with Telecom employees, contractors and agents and any provider of directory listing and directory assistance services and with credit reference and debt collection agencies. This enables us and other Telecom companies and agencies and any service provider approved by us to provide services for you and others, send you bills, recover and report on money you owe and keep you informed of services available to you. Credit reporters may include credit checks and any defaults in payment to Telecom in their databases and share this information with others who wish to conduct credit checks on you. You can let us know at any time that you do not want to receive sales and marketing information from us by calling us on 123.

We and Telecom companies may:

• Share with other network operators the telephone numbers allocated to you and any other information needed to enable you to make and receive calls through their networks; this does not include your name and address.
• Share, to the extent appropriate your name, address and the telephone numbers allocated to you with any person (except other network operators) using services provided by any of us or any service provider approved by us for providing directory assistance and directory listing services; this information may also be used or accessed by us or any such service provider in or from any directories and other publicly available accessible publications and databases.

We may occasionally monitor telephone calls and conversations between customers and our personnel so as to help train our personnel to provide better customer service. Any information we collect by doing this will be used in strict compliance with privacy laws.

Restricting Access to Information

You may prefer to restrict access to your name, address and telephone numbers allocated to you. Please call us on 0800 4BOOST if you want to know about ways you can do this. You are responsible for keeping confidential any Personal Identification Number or password used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is made from your mobile phone.

17. These Terms Apply At All Times

These terms continue to apply for as long as the agreement you have with us remains in place, no matter where you live and whatever telephone numbers we allocate for you to use from time to time. These terms do not apply to anything any other network operators agree to do for you under any agreements between you and them.

18 Changing These Terms

We may change or remove any of these terms or add new ones. Changes may take the form of completely new terms. We can do this without the need to obtain the consent of the people listed in clause 14. We will give you at least 10 working days' notice or wherever possible one month's notice of any changes that we consider will have a material detrimental effect on you. In all other cases we will try to give you one month's notice of any change. We may do this by giving you notice under clause 20 or by putting a notice in major daily newspapers. The notice may set out the actual changes or explain their general nature. Please ask us at any time for a free copy of the current terms governing our Boost Pre-Paid Mobile service. A copy of our current terms are always available at www.boostmobile.co.nz.

19. Other Terms

Other terms apply to some services we may provide for you in connection with our Boost Pre-Paid Mobile service. For example, additional terms apply when we provide directories listing services. Where that is the case, we will tell you about those terms or send you a copy of them.

20. Sending Notices

If you tell us your address or email address or fax number, we may send notices to you at the last address or email address or fax number you have given us. Please tell us if you change your address or email address or fax number by calling our customer services. We may also send you notices by Short Message Service (or any other means available to us). We can assume that any notice has been delivered five days after we sent it and any fax has been received if we hold a correct confirmation of transmission. You do not have to tell us your name, address or email address or fax number. If we do not have these details we may not send notices to you.

21. Meeting Our Responsibilities Through Agents or Service Providers

We may have any Telecom company, or Telecom-approved agent or service provider approved by us perform any part of our side of the agreement you have with us. In that case each of those companies, agents or service providers and their officers, employees, contractors and agents will have the benefit of any terms of this agreement that confer benefits on us.

22. Transferring Our Responsibilities

We may transfer to someone else the whole of our side of the agreement you have with us.

23. Each Term Separately Binding

Each term of every agreement you have with us is separately binding. If for any reason you, we or any of the people listed in clause 14 cannot rely on any term, all other terms remain binding.

24. Ending the Agreement You Have With Us

The ending of this agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards. These include the rights and responsibilities under clauses 4 to 10, 13 to 16, 23 and 24 of this agreement.

Mobile Broadband Alerts Service

• This service is only available to Mobile Broadband customers who:
  • Have a Mobile Broadband data card or mobile device currently connected to the Telecom mobile network.
  • Have an email address and/or have a text capable mobile phone.
  • Subscribe to Mobile Broadband Alerts.
• You can nominate which email addresses or mobile phone numbers to which you would like the alerts sent. You can nominate up to four email addresses or mobile phone numbers at any one time. There is currently no charge for doing this; however Telecom may introduce charges at a later date.
• Mobile Broadband Alerts will only come through to your mobile phone when you have mobile network coverage to receive calls and data and you're currently connected to the network and subscribed to the service. If the Mobile Broadband Alerts service is temporarily suspended for any reason, you will not receive Mobile Broadband Alerts generated during that period.
• Telecom will have the right to remove the Mobile Broadband Alerts service from the network without notice.
• From time to time this website, certain servers or the whole or part of our telecommunications network may be closed down for routine repairs or maintenance. If this happens we may be unable to provide the Mobile Broadband Alerts service.
• Telecom is not liable for any additional charges incurred as a result of delays, non-deliveries, missed deliveries or service interruptions. Telecom excludes any representation or warranty that Mobile Broadband Alerts will be uninterrupted or error-free.
• Telecom is not responsible for the user ignoring the Mobile Broadband Alert and exceeding their allocated megabytes and thereby being charged for additional megabytes used.
• Telecom may share with any of our third party service providers any information we hold about you for the purpose of providing Mobile Broadband Alerts.
• Our total liability to you (if any) arising out of or in connection with the supply of Mobile Broadband Alerts is limited in respect of any one or more events to $100.
• We can change these terms, including imposing a charge for subscribing to, or receiving, Mobile Broadband Alerts at any time. If we do so we will endeavour to give you 30 days' notice. Notice of any change will be sent to the email address or mobile phone number that you have given us.
• By subscribing to Mobile Broadband Alerts, you accept these terms and conditions.