Residential Customer Terms and Conditions
Updated: 1 December 2012
The following terms apply to the supply by us of goods, products and services (collectively "Services", or individually a "Service") to our residential customers. In addition to these Terms, terms and conditions specific to a particular Service ("specific product terms") may also apply. Those specific product terms "sit beneath" these general Terms.
Copies of the specific product terms can be found on our website. Please call us on 123 if you have any questions about these Terms, or any specific product terms.
Content of these Terms:
- These terms always apply
- Other terms may also apply
- Our commitments to you
- The network
- Your responsibilities to us
- Your responsibilities for your own equipment and other services
- Telephone numbers
- Charges - general
- Our normal charges to you
- Credit arrangements
- Withholding, suspending or restricting Services
- Consumer protection legislation and exclusion of all other liability
- Limitation of our liability
- Information about you
- Changing these Terms
- Sending bills, notices and other communication
- Meeting our responsibilities through agents
- Transferring our responsibilities
- Each term separately binding
- Giving up or ending Services
- Ending the entire agreement you have with us
- Intellectual property rights
- Disclosure of information
If you are one of our existing residential customers, as summarised above, these are the main Terms of the agreement you have with us. They replace the existing Standard Terms for Residential Customers and apply from 1 February 2013. If you are not one of our existing residential customers, these are the main Terms of the agreement you enter into with us when you ask us and we agree to do anything for you as a residential customer. In these terms we have used "we" for Telecom New Zealand Limited, "you" for our customer and "Services" to cover all goods and services of any kind we provide to you/your home, and anything else in relation to them.
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, so long as Telecom continues to provide Services to you. These Terms do not apply to anything other service providers agree to do for, or provide to, you under any agreements between you and them.
Please note that different terms apply when we provide mobile telephone services to you. Different terms also apply to internet, entertainment, information and other services provided by other Telecom companies, or other entities.. Please call us on 123 or refer to our website for information about how to obtain a copy of the terms applying to those other services.
As summarised above, other terms may also apply to some of our Services (i.e. in addition to these Terms). These are the specific product terms referred to above. By way of example, additional terms apply to internet services provided by us to your residential home; when we provide Smartphone services; or we, or other service providers approved by us, provide directories listing or directories assistance services for you as a residential customer. For further information about these Services, and any specific product terms that apply to them, check the page on our website for that particular Service, or alternatively call us on 123.
Specific product terms that apply to a Service will prevail in relation to that Service to the extent that they are inconsistent with these Terms.
Whenever we provide Services for you, or in connection with your Telecom account(s) ("Account") or any additional user account(s) which is established under your Telecom Account ("Sub-Accounts"), we will provide them with reasonable care and skill, begin providing the Services within a reasonable time of them being requested, and make all reasonable efforts to ensure our Services do everything we say they will. However, we do not represent or guarantee they will be:
- interruption or fault free, or that any faults or errors will be able to be corrected;
- available at any particular time or location;
- available, or available without change, for any minimum period of time;
- secure or private; and/or
- free of viruses or other harmful features.
However, we will always try to restore any Service outage as soon as we reasonably can.
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, and wherever possible, one month's notice, of such alterations. We will tell you about any such alterations by emailing or writing to you and by publishing the change on our website.
Providing new connections
We will make sure you are provided with new connections as soon as possible, Monday to Friday (except on public holidays), as long as there is a telephone in your home and a live Telecom telephone line connecting your home to the network, and any credit arrangements required under these Terms are in place. We have explained in section 4 below what "the network" is. If a technician needs to visit your home, we will do our best to arrange a time that is convenient to you. If there is no live Telecom telephone line connecting your home to the network, we will discuss with you what needs to be done to provide you with a live line, how long that is likely to take and what our charges will be.
We will take all steps that we reasonably can to arrange for all faults on the network outside your home and in any telephone, or other equipment you rent from us that is impairing the Service we provide to you, to be fixed. If you are taking our optional standard Wiring Maintenance Service, we will also fix faults in the telephone sockets and wiring inside your home if they are covered by the Service. To report a fault, call us on 120 and if we need to arrange for someone to visit your home, we will do our best to arrange a time that is convenient to you. If it is found that there is no fault, or the fault was caused or contributed to by you or your equipment, we may need to charge you for this.
The copper telephone line into your home is designed principally for voice calls. If the line into your home is used for transmitting data to and from equipment such as computers connected to the Internet or home fax machines, we do not guarantee that this service will be trouble free. However will do our best to ensure any problems are fixed in a reasonable time frame. Please visit our website to see other products that may be more suitable to your needs.
Arranging for your telephone listing
We will arrange for you to be correctly listed on the directory assistance service provided by or for us. Please tell us if your telephone book listing is incorrect.
Answering queries about your bill
If you have any queries about any part of your Telecom bill, call us on 123 and we can usually answer most queries on the spot. You do not need to pay the queried portion of your bill until we investigate it and let you know whether or not there has been an error.
See section 11 below (Billing) for further details about billing.
The network consists of all the communications facilities owned by us and other parties with whom we work (for example, Chorus), and which are used to provide our Services to you. Acquiring our Services does not give you any rights in any part of the network.
You agree to meet these general responsibilities:
- Use the Services for your own personal, non-commercial use or, if you are operating a business, or doing business, from your residential home, for your own internal business purposes.
- Make sure all information you give to us or to any service provider approved by us is correct and complete.
- Notify us immediately of any change of your address, or land line or mobile phone number, or any other relevant contact details.
- Follow the instructions and directions we provide about using our Services and only use them for lawful purposes.
- Allow us to test the configuration of your equipment from time to time and comply with any directions given to you to reconfigure your equipment if we reasonably believe it is necessary to do so.
- Use our Services without gaining unauthorised access to or interfering with anyone else's computer or communications equipment.
- Use our Services without annoying anyone else, and without interfering with anyone else's use of our Services.
- Comply with all applicable laws, regulations, standards and codes when using our Services, including, but not limited to, the Privacy Act 1993, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Crimes Act 1961, and not infringe a third party's rights.
- Edit, delete or cease any future publication of any material or communication which we reasonably, and in good faith, consider to be unauthorised, misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these Terms, or detrimental to our reputation or to our brand, and if you do not do so to our satisfaction, you agree that we may edit, delete, block or disconnect that material or communication ourselves.
- Not use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of any of the Services or other user or usage information or any portion thereof.
- Not use the Services, or content or anything else provided by us or available on our websites, in any way that implies an endorsement, sponsorship or association by us with any product, service, person or entity.
- Make sure everyone who uses the Services we provide to you, or does anything in relation to them, is also aware of, and meets, these responsibilities. Be responsible and liable for any use by any other person (authorised or unauthorised) of the Services we provide to you or under your Account or Sub Account, including any charges associated with that use and any consequences if such person misuses the Services, breaches these Terms or any specific product terms.
Responsibilities relating to the network and equipment supplied by us
- Never interfere with equipment you rent from us or with any part of the network, even if it is on your property; only people we authorise may work on the equipment or on the network.
- Let us or any of our agents or subcontractors come on to your property to work on the network or anything connected to it. (We will always try to contact you before we do this and the people we send will carry proof of identity. If you do not grant access to your property, this may impact on the Service you or others receive from us, including our ability to provide you with the relevant Service.)
- Make sure nothing, for example any phones, faxes, or modems, is connected to the network unless it has a Telepermit or Telecom label on it. (This helps make sure the equipment does not damage the network, but does not mean it will always remain compatible with the network.)
- Pay for repairing or replacing any part of the network which is lost, stolen, or damaged by you or anyone you are responsible for.
- Make sure all telephone sockets and wiring which connect equipment you have to the network meet and are installed to our specifications. (A standard telephone line can normally have up to five items of equipment directly connected to it.)
- Make sure any additional wiring or equipment in your home, such as alarm systems, does not interfere with equipment you rent from us or with any part of the network.
- Pay for repairing or replacing any equipment you rent from us which is lost, stolen or damaged.
- Take any telephone or other equipment you rent from us with you if you change your address and wish to continue renting the equipment.
- Return any equipment you rent from us when you give up or we stop providing the rental service, unless we agree otherwise. If you don't return the equipment, we may charge you rental for it.
Looking after your personal identifier, and your Account, password and security
- We may allocate a personal identifier to you to use in connection with your Account, depending on the kinds of Services you want. We may change any personal identifier, for example, by allocating you a new login or password. We will try to notify you of such a change beforehand.
- You are responsible for maintaining the confidentiality of your billing account number and any user name, login, password and other personal identifier used by or allocated to you in connection with your Account. You are also responsible for any and all activities that occur under your Account, including Sub-Accounts, or through the use of your personal identifier(s).
- You agree to change your password at regular intervals, and at any time upon request by us. You also agree to notify us immediately of any actual or suspected unauthorised use of your Account or Sub-Accounts, or personal identifier or other breach of security. However, notice provided by you under this clause does not release you from your responsibilities under these Terms and any other applicable specific product terms.
- We will not be liable for any loss that you may incur as a result of someone else using your Account or Sub-Accounts or any personal identifier. However, you could be held liable for losses incurred by Telecom or our partners and suppliers or another party due to someone else using your Account or Sub Accounts or any personal identifier.
- We retain ownership of all personal identifiers used by or allocated to you, and all rights in them.
Your responsibility for other people
You agree to make sure everyone you are responsible for and who may use or do anything in relation to our Services provided to you also meets the responsibilities set out in this clause.
Your responsibility for your own equipment
We have responsibilities under these Terms only for equipment connected to the network which you rent from us. 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 acquire from us, other than by renting it, will be covered by a separate agreement.
Your responsibility for your own sockets and wiring
You are responsible for any telephone sockets and wiring inside your home and for fixing any faults in them. If you choose to purchase our optional standard Wiring Maintenance Service, some faults will be covered by this Service. The terms and conditions in respect of that Service set out more detail of what is and is not covered.
You are also responsible for any other wiring or equipment in your home, such as alarm systems connected to the network or subscription television wiring. If any of it interferes with the provision of our Services to you, we have no responsibility to pay you any compensation for any interruption to our Services, or if we have to temporarily disconnect the other wiring or equipment so as to restore our Services to you. Our standard Wiring Maintenance Service does not cover fixing faults in such other wiring or equipment.
Telephone services from other suppliers
You are responsible for your relationship with any other supplier providing telephone or related services for you. For example, if we provide your local call Service, but you use another service provider for National or International Calls and you change your address, you need to tell both us (for Services we provide) and the other service provider (for services it provides) about your move. If there is a problem with a service provided for you by another supplier, you need to contact the other supplier about the problem.
If you have services with us that include your calling and you choose to take your calling to another supplier it is your responsibility to tell us to remove these services from your account.
We will allocate one or more telephone numbers for you to use, depending on the Service(s) you want. Any number that we allocate to you will always remain our property. We may change any number we have allocated and allocate you a new telephone number. We will give you reasonable notice before making any change but we do not have to pay you anything if we change a number. Please call us on 123 if you want to change your Telecom telephone number.
Your responsibility for paying our charges
You agree to pay 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 or your internet.
We have services to help customers control the use of their telephones and/or internet. Visit our website or call us on 123 for more information about the availability of these services.
The standard charges for our commonly used Services are set out on our website. Charges begin from the time you are connected to the network. Subject to any other applicable minimum term or notice period, or other arrangement between us, a one month minimum rental charge is payable if you give up any Service within the first month after we begin providing the Service for you.
We may change our charges or plans from time to time. We may also change you to a new plan if we consider that you will be better off. It is your responsibility to check all applicable charges regularly for changes. However, where we change the standard home line rental charge, we will write to you if you subscribe to this service and put a notice in major daily newspapers at least one month before the change takes effect. When we increase charges for any of our other Services (including introducing charges for Services that are currently free), we will give you at least 10 business days’ notice, and where possible one month’s notice of these changes. We will notify you of these changes by publishing them on our website. However, where there is a material price increase to any of our Services that you are using, we will give you at least 10 business days’ notice and where possible one months notice of these changes. We will notify you of these changes by emailing or writing (for example by bill message) to you or SMS text messaging you or an online message and publish the changes on our website.
Charges for our Services, and any other amounts you may owe to us pursuant to these Terms and any other applicable terms, form part of the bill for your Telecom Account. You agree that we may assign any amounts you owe us to another of our related companies ("related company" has the meaning set out in section 2(3) of the Companies Act 1993), or to anyone else, without prior notice to you.
Our charges for residential Services will normally include:
- a residential line rental; and
- a wiring maintenance charge for our optional standard Wiring Maintenance Service (in other words, this will not be charged if you do not take up this optional Service).
Examples of other charges for commonly used residential Services include charges for:
- broadband internet Services we may provide to you;
- dial up internet Services we may provide you;
- local calls, if you have selected one of the available alternatives to our standard residential line rental;
- installing or making any changes to your sockets, wiring or equipment;
- directory assistance, Telecom National and International Calls and Smartphone services and;
- arranging for a technician approved by us to visit your home to do anything you ask us to do which is not part of a Service we have already agreed to provide for you for free; and
- the fixing of faults that were caused by or contributed to by you or your equipment, or call outs for faults when it was found that there was no fault.
Billing our charges is discussed in further detail below, in section 11.
In some cases, we may require you to pay a deposit or provide a guarantee as security for paying future charges for Services to be provided to you. This normally covers 12 months' worth of our charges to you as a residential customer. We may also set a credit limit for your account with us, and amend that amount from time to time, after giving you reasonable notice of the new credit limit. If you exceed any credit limit, we will do our best to contact you to tell you the amount you need to pay to get back within your credit limit. You must pay that amount within 24 hours after we contact you. This applies whether or not we have sent you a bill for the charges. If you fail to do so, we may restrict or suspend all or part of our Services without notice. However, you will remain liable for all charges (and any unpaid interest accrued pursuant to clause 11) incurred in excess of the credit limit. If you have any questions about credit arrangements, please call us on 128.
We will send you bills for our charges. If we change how often we will bill you, 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 SMS text messaging you.
The bills will include any charges for directory assistance, enhanced directory listing services and 0900 calls made from your telephone or charged to you, any charitable donations promised during those calls, and any other amounts charged to you by 0900 service providers. Our bill to you may also include any other amounts you owe for any reason to us or to other Telecom companies.
You must pay each bill by the due date for payment set out on it. Call us on 123 to ask about the different ways you can pay.
Our bills are based on our records of your use of our Services. However, please let us know before the due date for payment if you think there is a mistake in your bill. As noted above (section 3 - "Answering queries about your bill"), while you wait to hear from us, you do not need to pay the queried part of the bill by the due date for payment. You must not set-off or deduct any amount to be paid in respect of your bill 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 set out on it, any or all of the following may occur:
- you may be charged a late payment charge and/or interest on all unpaid amounts from the due date until you pay it, at the interest rate set out on our website;
- 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, credit collection and legal costs on a solicitor and client basis; and/or
- we may withhold, suspend, restrict or terminate any Service we provide for you. If we propose to disconnect your land line for non-payment, we will give you at least 5 working days' notice of disconnection.
12. Withholding, suspending or restricting Services
Our Services to you may be restricted if you are becoming a Telecom residential customer, or if you ask us to provide additional Services, until a satisfactory payment history is established. For example, we may put a toll bar on your telephone.
In addition, if you do not meet a responsibility you have to us or to any other Telecom company, at any time we may withhold, suspend, restrict, replace or terminate any Service provided to you, or take such other steps as we believe are reasonably necessary or appropriate. We will always do our best to contact you before doing this (and as noted above, will give you at least 5 working days' notice if we are going to disconnect your land line for non-payment).
Where we suspend or terminate a Service, we may require you to pay a reconnection charge before you can use it again. Where we have changed or replaced an existing service, your use of the changed or replaced Service will show your acceptance of it (and any terms and conditions relating to it), in place of the changed or replaced Service (and terms and conditions).
We may also suspend, restrict or terminate any Service in other circumstances if we think it reasonable or necessary (by way of example only, for maintenance or repairs, or interruptions to the availability of the network). We will always do our best to contact you before doing this, but may not be able to do so in all circumstances. In most cases, normal charges continue to apply during the suspension or restriction of any Service. Please call us on 128 to request removal of a suspension or restriction.
The Consumer Guarantees Act 1993 and the Fair Trading Act 1986
Any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply alongside the rights set out in these Terms, and are not affected or altered by them (including the exclusion of liability set out below).
We now exclude all other liability we may have to you.
Exclusion of All Other Liability
The exclusion of liability set out in this clause applies for the benefit of these people:
- us and every other Telecom company;
- network operators we use or work with in connection with the provision of Services to you;
- all officers, employees, contractors and agents of all the people listed above; and
- anyone else any of the people listed above is responsible for.
To the extent permitted by law, none of these people or entities are liable to you, or will be required to pay or compensate you for or in respect of any loss or damage claimed or suffered by you resulting from anything any of them does or does not do, or delays in doing, in connection with Services provided to or for you, 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 liability arises or might arise if it were not for this clause.
Except to the extent specifically stated in these Terms, or any applicable specific product terms or required by law, Telecom, and any of its related companies and its respective officers, employees, contractors, agents and suppliers, make no warranties, representations, or conditions relating to or in connection with the Services provided to you (whether express, implied or whenever arising) whether originating in statute, law, trade, custom or otherwise that would apply if it were not for this clause.
Copyright and related exclusions
To the fullest extent permitted by law, you agree that Telecom will not be responsible for copyright infringement and/or unauthorised access to or alteration of your communications or data, any material or data sent or received or not sent or received, any transactions entered into through use of our Services or our Websites, any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You also agree that Telecom is not responsible for any content sent using, or included in, our Service or websites by any third party.
Exclusions of types of loss / damage
To the fullest extent permitted by law, in no circumstances will we or any of the other people / entities listed above be liable to you or any third parties for any loss of data, revenue, profits or lost business or any indirect, incidental, consequential, special, punitive or exemplary damages or losses which you may incur as a result of anything we have done or not done, or otherwise in connection with the Services or your use of any of them, or anything we (or any of the parties referred to under the heading "Exclusion of all other Liability") have done or not done or delayed in doing in relation to them, regardless of the type of claim or the nature of the cause of action, and even if we have been advised of the possibility of damage or loss.
If we are prevented from carrying out any obligation in these Terms 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 these Terms and provides on Services to you will, to the extent that it is made impossible or impracticable 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 these Terms in the circumstances contemplated by this clause.
If we or any of the other people / entities listed in clause 13 (under the heading "Exclusion of all other Liability") are ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 13, then this clause applies.
Where this clause applies, the maximum combined amount we and all the other people / entities listed in clause 13 (together) will have to pay you and anyone else who uses the Services we provide for you (together), will be limited to the lower of:
- $5,000 for any event or for any series of related events; and
- a total of $10,000 in respect of all events in any 12 month period,
provided that you notify us of your claim within 12 months after the relevant event or series or events become reasonably discoverable to you.
This limitation does not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.
While you have an agreement with any Telecom company, you agree that Telecom and other agents and service providers approved by us may collect personal information about you. Where possible the information will be obtained directly from you, but otherwise it may be provided from others (with your consent) or generated within the network when you or anyone else uses our Services or the services of any service provider approved by us. You may decide whether to provide any information any of us requests from you. However, if you do not provide it, we and other Telecom companies may not be able to provide our Services to you. You may ask to see personal information any Telecom company holds about you and ask for any details that are wrong to be corrected. We may charge you for the reasonable costs of retrieving and providing this information.
Holding and using information
We, other Telecom companies and, to the extent appropriate, any agents and service providers approved by us, including service providers providing 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, with credit reference and debt collection agencies, communications network operators and selected business partners. This enables us and other Telecom companies and agencies, including credit reference and debt collection agencies, and any service provider approved by us to provide our Services for you and others, send you bills, recover and report on money you owe, help prevent and investigate fraud, keep you informed of services available to you and exercise any lawful right we or any of our related companies, our contractors, credit reference and debt collection agencies, communications network operators and selected business partners has. Credit reporters may include credit checks, your repayment history and any defaults in payment to Telecom and other Telecom companies in their databases and share this information with others who wish to conduct credit checks on you.
From time to time we may send you sales and marketing information about Telecom products and services. You can let us know at any time if you do not want to receive sales and marketing information by contacting us. You also agree that the sales and marketing information we send electronically need not include an unsubscribe facility.
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 services through their networks.
- Share with other network operators any information needed to investigate an action or threat to network integrity or security, and to help prevent and investigate fraud.
- Share to the extent appropriate your name, address and the telephone numbers allocated to you with any person 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 service 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 telephone through the network, and you do not pay for the call by the due date for payment.
We may occasionally monitor and record telephone calls between customers and our personnel for training and quality purposes. In relation to internet, we may also monitor communications between customers and third parties to maintain and support our systems and to safeguard the security and integrity of our Service. Any information we collect by doing this will be used in strict compliance with privacy laws.
Although we may publish aggregated information relating to your use of the Services, such as usage patterns, we do not disclose information in a form that could reasonably be expected to identify you, without your prior permission.
Personal information collected in relation to your use of the Services may be stored and processed in New Zealand or any other country in which we or our related companies or agents maintain facilities, and by using our Services, you consent to any such transfer of information outside of your country.
Restricting access to information
You may prefer to restrict access to your name, address and the telephone numbers allocated to you. Please call us on 123 if you want to know about the ways you can do this. You are responsible for keeping confidential your Telecom account number and 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 accompanied by suitable verification (for example, your Telecom account number, personal identification number or password).
We may change these Terms by changing or removing existing terms or by adding new ones. Changes may take the form of completely new Terms. We must always tell you about any changes to these Terms at least one month before they come into effect. We will never change this requirement. We will tell you about any changes by emailing or writing (for example by bill message) to you or SMS messaging you and / or by putting a notice in major daily newspapers. Your continued use of our Services after changes have been notified to you in this way indicates your acceptance of those changes.
We will send bills and other notices and communications to the last physical or electronic address or facsimile number or mobile number you have given us. We can assume any bill or notice we send by physical post has been delivered three days after we post it and, if sent electronically or by facsimile, has been received by you on the date it was sent. Please tell us as soon as possible if you change your address or other contact details.
You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If you need to contact us for any reason, you should visit our website, www.telecom.co.nz/help or contact us on 123.
You agree that any electronic communication from you will be taken to be received by us at the time that that electronic communication comes to our attention.
We may have any Telecom company or Telecom-approved agent or service provider approved by us perform and have the benefit of any part of our side of the agreement you have with us.
We may transfer to someone else all or any part of our side of the agreement you have with us and you consent to that. We will tell you if we do this.
If for any reason any term of the agreement you have with us cannot be enforced or relied on by you, us or any of the other people listed in clause 13, all other terms of the agreement remain binding.
You may temporarily or permanently give up any Service (for example, Call Minder or Call Diversion) by calling us on 123. If giving up a particular Service, the agreement you have with us will remain in place. If you give up a Service and later want it reconnected, you may have to pay a reconnection charge.
If you exercise your right to terminate a Service that is subject to a minimum term, and you are ending the Service prior to that minimum term, then an early termination fee may apply.
We may decide to stop providing a particular Service to you and any other Telecom customers. If we do this, we will provide you with a minimum of 10 working days' notice, and wherever possible, one month's notice, of such alterations. We will tell you about any such alterations by emailing or writing or SMS messaging you.
If either of us ends any Service or our entire agreement during a billing period, any applicable charges for that period remain payable. Where you have agreed to take a Service for a minimum period, unless alternative arrangements are in place, charges for the Service will continue until the end of that minimum period.
On ending any Service or ending our entire agreement, we will cease providing the relevant Service or Services and we may retain some information, data or other material that we hold in relation to your use of the Service or Services, including personal information, provided that this complies with the Privacy Act 1993 and the Telecommunications Information Privacy Code. We may reallocate any personal identifier including, but not limited to, any phone number, email alias or domain name, to another customer.
If you want to end the entire agreement you have with us (i.e. these Terms together with any other relevant specific product terms), please contact us by calling 123. Subject to any minimum term or notice period (where, as noted, an early termination fee may apply), the agreement will end and charges will stop one month after we receive your notice, unless we agree that charges will stop earlier. You may not transfer your responsibilities under the agreement to anyone else.
We may end the entire agreement at any time if you do not:
- pay our charges as billed to you, within the due date for payment shown in the bill; or
- meet your responsibilities to us or any other Telecom company.
We may end the agreement for any other reason by giving you at least one month's notice.
If the agreement is ended, we will stop providing any Services for you as a residential customer (though as noted, we will give you at least 5 working days' notice if we are going to disconnect your land line for non-payment). The ending of the agreement does not affect any rights and responsibilities which are intended to continue or come into force afterwards.
We (and other service providers who work with us) own or are licensed to use intellectual property rights in content, software, personal identifiers (including addresses) and anything else we use or make available to you in connection with our Services (together "Works").
These rights include, for example, all copyright, trade mark and design rights. All title, interest and rights (including but not limited to ownership and intellectual property rights) in these Works will remain in Telecom and/or our providers. You acknowledge such title, interest and rights in these Works and will not take any action to jeopardise, limit or interfere in any manner with Telecom's or our providers' title, interests or rights in these Works with respect to the Services, including, but not limited to, the use of Telecom's trademarks or trade name.
Telecom does not claim ownership of any content or material you provide or make available through the Services ("Customer Material"). However, by placing any Customer Material on our Websites or systems (including posting messages, uploading files, importing data or engaging in any other form of communication), you grant to Telecom a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to use, copy sub-licence, redistribute, adapt, transmit, publish, delete, edit and/or broadcast, publicly perform or display the Customer Materials.
Your use of any software provided by us is governed by the terms of the end user licence agreement, if any, which accompanies or is included with, or referenced in, the software. You may not install or use any software that is accompanied by or includes a licence agreement unless you first agree to the licence agreement terms, which agreement will be deemed to be given if you use the software. For any software not accompanied by a licence agreement, Telecom hereby grants to you a revocable personal, non transferable licence to use the software for viewing and otherwise using the particular Service in accordance with these Terms, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or software is expressly prohibited.
We may disclose information about you or your use of the Websites and/or Services without your prior permission if we have a good faith belief that such action is necessary to:
- Conform to legal requirements (including, but not limited to, requirements in accordance with any applicable law, regulation or government request) or comply with legal process, or to help maintain the law.
- Protect our rights or property or those of our related companies.
- Enforce these Terms or any specific product terms.
- Act to reasonably protect the interests of our, or our related companies, customers or others.
To the extent required by law, we may also disclose to copyright owners such information relating to your use of Services as may be required for such copyright owners to enforce their rights against you.
We do not sell, rent or lease our visitor or customer information to third parties.
We may have any of our related companies or Telecom-approved agents perform our obligations under these Terms or any specific product terms.
This agreement is entered into by Telecom on our own behalf and for the benefit of any of our related companies, and will, with any necessary modifications, apply to any of those related companies, and will be enforceable by them under the Contracts (Privity) Act 1982. Except as expressly stated, this agreement does not confer any rights on third parties and to the maximum extent allowable at law we will not, under this agreement, be liable in any way to any third parties.
Unless otherwise stated in these Terms, we may exercise our powers or rights at any time without prior notice to you.
The entire obligations of Telecom in relation to the subject matter of these Terms are set out in (or are as referenced in) these Terms and you acknowledge that your use of the Services is not in reliance on any conduct, statement, representation or warranty made by Telecom, or by any agent of Telecom or by any other person not expressly recorded in these Terms or any applicable specific product terms.
We make no representation that the Services are appropriate or available for use in locations outside of New Zealand, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Our Services are provided under New Zealand law. If you want to bring a claim against us you agree to do so in a New Zealand court. We also have a system for resolving complaints.
Some of the Services now provided to you by Telecom were previously provided to you by Xtra Limited, a company within the Telecom group of companies. Given that these Services are now provided to you by Telecom and not by Xtra, your agreement (represented by these Terms and any other applicable specific product terms) is with Telecom, rather than Xtra. Upon notice of the changes to these Terms being given to you in accordance with clause 16, your continued use of the Services indicates your acceptance of the agreement with Telecom, and the ending of any previous agreements between you and Xtra.