2degrees Broadband Plan Terms and Conditions - from 27 March 2017

Last updated: 27 March 2017

These terms and conditions apply to those signing up from 27 March 2017 in addition to our Broadband Terms and Conditions and any other specific terms and conditions applying to your Plan or Account with 2degrees.

In the case of inconsistency with these terms and the Broadband Terms and Conditions, these terms will prevail. Unless stated otherwise, capitalised terms have the same meaning given to them in the Broadband Terms and Conditions.

All rates are inclusive of GST.

Subject to these terms and conditions, you may sign up to the following Plans:

(a)  80GB Plan - $75/month; or

(b)  Unlimited Plan - $95/month.

(each monthly charge shown being a “Plan Charge”)

1. Term

(a)  Your term will start from the date your Connection is Activated.

            Fixed Term

(b)  If you sign up to a fixed term Plan, you agree to receive the Services for at least the length of that fixed period.  After the fixed period, we will provide the Services to you on a month by month basis until they are terminated in accordance with this Agreement.

            Open Term

(c)  If you do not sign up for a fixed term, we will provide the Services to you on a month by month basis until they are terminated in accordance with this Agreement.

2. Connection

(a)  By signing up to an open term Plan with a 2degrees-supplied modem, you agree to pay:

(i)    $99 for a standard connection fee (“Connection Charge”);

(ii)   $165 for a 2degrees-supplied modem (“Modem Charge”); and

(iii)  $15 for a delivery charge (“Delivery Charge”).

(b)  If you sign up to an open term Plan without a 2degrees-supplied modem, you will not be required to pay upfront for the Modem Charge and Delivery Charge.

(c)  If you have signed up to a fixed term Plan with a 2degrees-supplied modem, you agree to pay:

(i)    a $15 modem charge and the Delivery Charge at the time you sign up; and

(ii)   an early termination charge of $249 if you leave before the end of the term.  We may reduce the early termination charge where applicable to take into account any upfront Charges you have previously paid for that Connection.

(d)  If you signed up to a fixed term Plan without a 2degrees-supplied modem, you agree to pay an early termination charge of $99 if you leave before the end of the term.

(e)  You can, within three months from the date your Connection is Activated, change to a fixed term Plan with a 2degrees-supplied modem, in which case you agree to pay the Charges set out at clause 2(c).

 3. Fibre Services

This section applies if we provide a Fibre (UFB) Broadband Service (“Fibre Service”) to you:

    A. General

(a)  You agree to us sharing your information with the relevant Local Fibre Company (“LFC”) – Chorus Limited, Enable Services Limited, Ultrafast Fibre Limited, or Northpower Limited to the extent necessary for providing Fibre Services to you.

(b)  In accepting the Fibre Services, you also agree to be bound by the LFC’s end user terms as set out on your LFC’s website (which can be found here), which relate to the provision (which includes installation) and use of that part of the LFC’s network located on your premises. 

    B. Installation

(a)  You confirm that you own the premises where the Fibre Service will be installed, or have all the consents of the owner to install it.

(b)  You must be present at your premises during the installation of your Fibre Service.

(c)  A non-standard installation may require additional charges. You will be advised of any additional charges that apply to your installation before any installation work is commenced.  

    C. Availability of Service

(a)  The Fibre Service is only available in locations which are sites enabled by your LFC, and where we have the required connections in place to the LFC.

(b)  Unless stated otherwise, Fibre Services on our Plans are not available at commercial premises.

    D. Monitored devices and other services

(a)  If you rely on a Medic Alert or other similar monitored device, or a monitored alarm system and your provider for these services cannot guarantee their compatibility with a fibre-based service, you should not sign up for a Fibre Service. 

    E. Existing service providers and copper wiring

(a)  If you are with another service provider and you wish to have your phone number ported to our Fibre Service, you must not cancel the services with your existing service provider prior to moving over to us. If you do this, we cannot guarantee that your number will be available on our Fibre Service.

(b)  The copper wiring to your premises may be removed upon completion of the installation of your Fibre Service.  If the copper wiring is removed, only the Fibre Service will be available at your premises.

    F. Equipment

(a)  You agree that you will not damage or tamper with any of our and/or LFC devices provided at your premises for the delivery of the Fibre Services and you will follow any reasonable instructions we may have in relation to all such devices.

(b)  All equipment provided by the LFC in order to use the Fibre Service will remain the property of the LFC.

 4. Add-On Services

(a)  You may purchase Add-On Services for your Plan.  Any specific terms and conditions that relate to those Add-On Services will be published by us on www.2degreesbroadband.co.nz

(b)  Unless stated otherwise, Charges for Add-On Services will initially be pro-rated from the date of Activation until the next Billing Due Date when Charges will recur and be payable in advance until terminated.   

5. 2degrees Pay Monthly Bundle Discount

(a)  If you are a 2degrees Pay Monthly mobile customer and have a 2degrees broadband Plan you are entitled to a $10 discount on your 2degrees broadband monthly Plan Charge (“$10 Bundle Discount”).

(b)  Only one $10 Bundle Discount per 2degrees Pay Monthly mobile customer.

(c)  Your 2degrees Mobile Phone Number needs to be loaded into Your 2degrees Broadband to be able to activate the $10 Bundle Discount.

(d)  If you terminate your 2degrees Pay Monthly Account you will no longer be eligible for the $10 Bundle Discount.

 6. Modem

(a)  If we supply you with a modem on a fixed term Plan and/or you have not paid upfront for it, we will retain ownership of the modem until the end of the fixed term period or any outstanding Charges are paid (whichever is earlier). 

(b)  If you are not using a 2degrees-supplied modem:

    (i)  with a VDSL or Fibre Connection, your modem must support VLAN tagging and PPPoE authentication.

    (ii)  for 2degrees Home Phone, your modem must have ATA/DECT functionality.

    (iii)  for 2degrees Home Phone Plus services, your modem must be VoIP compatible. Home Phone Plus is subject to the Home Phone Services Terms and Conditions.

    (iv)  You are responsible for:
            i.    ensuring that your modem supports the specifications set out in clause 6(b)(i), (ii) and (iii) and otherwise remains fully functional in respect of receiving the Services; and
            ii.    configuring your modem to 2degrees network settings.

(v)    You agree that 2degrees:
            i.    can only offer limited technical support for modems not supplied by 2degrees;
            ii.    may not be able to resolve issues relating to your modem and you may need to consult an independent expert at your own cost; and
            iii.    does not guarantee your modem will function with the 2degrees Home Phone handset.

(vi)  If your modem causes you not to receive the Services you will still be liable for any Charges.

7. Wiring Maintenance

(a)  If you have ADSL or VDSL on one of our Plans, you can pay $3.95 per month to sign up to our Add-On Service for optional wiring maintenance (“Wiring Maintenance Service”).  If you add our Wiring Maintenance Service it will be effective from the next Billing Due Date.

(b)  Under our Wiring Maintenance Service, we can arrange for a qualified telecommunications technician to come to your premises and repair your internal wiring or socket faults.  As part of the Wiring Maintenance Service, we will cover the cost of the parts and labour for the repair.

(c)  If you have more than one service line at your premises, you will need to choose which line you wish to cover.

(d)  Our Wiring Maintenance Service covers:

       (i)     Interference on your line or the line not working.

       (ii)   Faults such as frequent disconnections to the broadband service or a loss of broadband connection.

       (iii)  Internal wiring including copper wiring (BT), Ethernet cabling (Cat6 and Cat5) and RJ45 sockets.

       (iv) Cost of a repair or replacement of a faulty splitter. 

(e)  Our Wiring Maintenance Service does not cover:

       (i)    Wiring from the jack point inside the house, which includes wiring connecting your devices such as modems and computers.

       (ii)   Changes that are not related to a fault, such as moving, adding or changing sockets.

       (iii)  External cabling between your home and another building on your property.

       (iv) Wiring damage caused by natural disasters.  This is usually covered by insurance policies.

       (v)  Repairing damage caused by building alterations, refurbishments, animals (including rodents), insects or vandalism.

       (vi) Faults proven to be a result of a customer’s home equipment such as telephone handset, DSL filters, patch cords or broadband modems. Any upgrades to older home wiring where ADSL signals cause interference to the customer’s radio and any upgrades required for fibre or other technology suitability.

       (vii) Set-up of a new broadband connection and wiring at a new or existing home.

       (viii) The purchase and installation of a splitter.

       (ix) Broadband performance issues are not covered under this service.  For more information on these types of faults please refer to our website.

8. Data

(a)  All traffic (upload and download) will be counted towards your data usage. 

(b)  If you have a data limit on your Plan and you reach this limit during your Billing month, you will be charged $2/GB until you reach a maximum of $30 and then you’ll get unlimited data usage for the rest of your Billing month.

(c)  You can log in to Your 2degrees Broadband to view your data usage.

9. Speed

(a)  Broadband is not available in all areas and broadband speeds do vary. 

(b)  Any statements made about broadband speeds are not guarantees about continuous speed.  The actual speed your Connection can achieve may depend on a number of factors, including how close your premises are to an exchange, your connection and wiring, the location and quality of the websites you choose to view, and any software you have downloaded (malicious or otherwise).  

(c)  Your Connection’s performance may also be affected by the number of users in your household and also on our network or the network of third parties that we use to provide the Service to you.

10. Fibre Speed Boosters 

(a)  If you have a standard Fibre connection on one of our Plans, you can purchase one of our Fibre Speed Boosters Add-On Services:

      (i)  $24.95 Fibre Speed Boost ($24.95/month) – up to 200 Mbps download, 20 Mbps upload.  

      (ii)  $44.95 Fibre Speed Boost ($44.95/month) - up to 900 Mbps download, 400 Mbps upload.

(b)  You can only have one Fibre Speed Booster at a time.

(c)  If you wish to upgrade to another Fibre Speed Booster, you can do so at any time before your next Billing Due Date.  The monthly Charge for the Fibre Speed Booster will be pro-rated and charged at the next Billing Due Date. 

(d)  If you wish to downgrade to another Fibre Speed Booster, you can do so at any time before your next Billing Due Date and a $50 fee applies.  The monthly Charge for the Fibre Speed Booster will be pro-rated and any credit from the existing monthly Charge will be offset against any outstanding Charges at the next Billing Due Date.

(e)  If you wish to remove a Fibre Speed Booster, you can do so at any time before your next Billing Due Date and a $50 fee applies.    

11. Terminating your Plan and/or Add-On Services

(a)  You can terminate your Plan at any time prior to your next Billing Due Date by emailing us at support@2degreesbroadband.co.nz or by calling us on 0800 022 022.  You will still be liable for any Charges incurred up to that Billing Due Date, including any usage-based Charges (such as toll calls and/or excess broadband data) and any applicable early termination Charges.

(b)  You can terminate your Add-On Services at any time prior to your next Billing Due Date by emailing us at support@2degreesbroadband.co.nz, calling us on 0800 022 022, or via Your 2degrees Broadband.  You will still be liable for any Charges incurred up to that Billing Due Date including any usage-based Charges (such as toll calls and/or excess broadband data).

12. General

(a)  Any entitlements under a Plan that remain unused at the end of any Billing month may not be carried over to later months or have any monetary value or credit ascribed to them.

(b)  You will remain liable for all Charges incurred up to the date your Account ends with us. 

(c)  We may change our Plans and/or Add-On Services, or these terms and conditions from time to time.  Any changes will be notified to you in accordance with our obligations under the Broadband Terms and Conditions.