2degrees Data Management Tool Terms and Conditions

Last updated: 08 May 2018

  1. T&Cs: These Terms and Conditions apply in addition to the 2degrees Website Terms and Conditions, the 2degrees Business Terms and Conditions and/or your existing contract with 2degrees (as applicable).
  2. Purposes: The data management tool (Tool) is made available to you by Two Degrees Mobile Limited (2degrees) for the purposes of:
    1.  preventing data usage by your connections by implementing data blocks (Data Blocks); and
    2. providing notifications to you and your connections in the event they reach plan datalimits you have set.
  3. Eligibility: In order to be eligible to use the Tool to manage your connections’ use of data, you must be a National Business Customer, a Telecommunications-as-a-Service (TaaS) Subscribing Party or a Business Connect Customer (with 11 or more connections) of 2degrees.
  4. Access and Tool Use: 2degrees reserves the right to terminate the supply of services to you via the Tool at any time, including if 2degrees ceases to provide you with any additional service for any reason. You may cease using the Tool at any time.
  5. Configuration: You may submit requests for us to configure data limits which will apply to the use of data by your connections.
  6. Implementation: Subject to the limitations set out in clause 9 and by configuring data limits, a Data Block will be implemented when your connections reach the applicable data limits and your connections’ use of any data will be suspended (including data while roaming). You will not be entitled to claim a refund for any roaming packs which are unable to be used by the relevant connections. A Data Block may apply to one or more of your connections. The parties acknowledge and agree that:
    1. (a)    2degrees will use reasonable efforts to send notifications and implement Data Blocks in a timely fashion;
    2.  (b)    Data Blocks will usually be implemented the day following receipt of your request; and
    3. (c)     any data sessions which are current at the time the Data Block is implemented will be terminated.
  7. Data Block: Once the Data Block has been implemented, it will continue to apply for the remainder of the calendar month in which it was implemented unless you remove the Data Block earlier via the Tool. On the first day of the next calendar month, assuming you have an applicable data allocation then the Data Block will automatically be removed and your [users] will be able to use data again. If you request us to remove a Data Block during a calendar month, a Data Block will not be able to be enforced again in respect of the relevant connection until the following calendar month. The Tool does not permit the extension of Data Blocks for specific connections for specific periods (e.g. a Data Block for one week only cannot be configured or implemented). Please contact us if you wish for one or more of your connections to be subject to a Data Block indefinitely.
  8. Notifications: You may use the Tool to request certain automatic and manual notifications regarding your connections’ data usage be sent, including the frequency of such notifications. You may cancel such notifications at any time by accessing the Tool. Notifications relating to Data Blocks which are sent to you and to your connections which are the subject of each Data Block cannot be cancelled and will occur automatically.
  9. Limitations: You acknowledge and agree that:
    1. (a)    in order for the Tool to identify and notify you of a data cap being met or exceeded, the relevant connection(s)’ data session(s) must end. You acknowledge and agree that some further data above a data cap is likely to be incurred above the cap as a result of this and you will remain payable for all such data used, regardless of the timing of sending or receiving notifications;
    2. (b)    requests for configuration of data limits or implementation of Data Blocks may not be responded to immediately or completed in real time, and delays may result from more than one pending request being logged by 2degrees;
    3. (c)     neither requests by you, nor information made available to you via the Tool, will prevail over or supersede 2degrees invoices or any information set out in the “Your 2degrees” portal;
    4. (d)    if you request that a connection’s data limit be amended, from the time at which we begin processing your request until the time at which the new data limit is implemented by the Tool, the relevant connection’s data usage will not be capped (assuming your connection has not already exceeded the new data limit to be configured);
    5. (e)    No Data Blocks may be implemented on the last day of a calendar month; an 
    6. (f)      If any of your connections exceed the applicable data limit on the last day of the month, no Data Block will be implemented.
  10. Intellectual Property:
    1. (a)    You acknowledge that all right, title and interest in the Tool, being 2degrees’ intellectual property, is owned by and will always remain the exclusive property of 2degrees. 
    2. (b)    2degrees grants you a limited, non-exclusive, non-transferable, royalty free licence to use the Tool which directly relates to the services provided to you by 2degrees solely for your own internal business purposes as described in these terms and conditions and for no other purpose.
    3. (c)     Upon revocation of your access to the Tool, you will cease using the Tool and you will not have any right or title whatsoever to the Tool. 
    4. (d)    You must not, and will procure that your employees, contractors or agents do not copy, alter, modify, reproduce, reverse assemble or reverse compile or permit any other person to do the same to or in respect of the Tool.
    5. (e)    You must, at 2degrees’ expense, take all such steps as 2degrees may reasonably require you to take to assist 2degrees in maintaining the validity and enforceability of the 2degrees’ intellectual property in the Tool.
    6. (f)      You will promptly and fully notify 2degrees of any actual, threatened or suspected infringement of any of its intellectual property in the Tool which comes to your attention, and of any claim by any third party so coming to your attention. 
    7. (g)    You acknowledge that the provisions of this clause will continue to apply to you after the revocation of your access to the Tool.
  11. Notices and Changes:
    1. (a)    Subject to the remainder of this clause, we may change these Terms and Conditions and/or vary the Tool at any time (Change). 
    2. (b)    If we reasonably believe that a Change is likely to benefit you or have no or a neutral impact on you (Non-Detrimental Change) we may make that Non-Detrimental Change without giving you prior notice. 
    3. (c)     If we intend to:
      1. (i)                  reduce the functionality of the Tool; and/or
      2. (ii)                change these Terms and Conditions,

        and we reasonably believe that Change will have only a minor detrimental impact on you (Minor Detrimental Change), we will give you at least 10 working days’ prior notice, and where possible we will try to give you 30 days’ prior notice before making that Minor Detrimental Change.
    4. (d) For any other Change, we will give you at least 10 working days’ prior notice, and where possible we will try to give you 30 days’ prior n