Retired Carryover Plans (3 April 2014) Terms and Conditions

1. These terms and conditions apply to you if you have signed up to one of the following Carryover Plans on a month to month or 12 month term prior to 3 April 2014.

*Fair Use Policy applies.

2. These terms and conditions apply in addition to our Pay Monthly Terms and Conditions and any other specific terms and conditions applying to your Plan or Account with 2degrees.
3. In the case of inconsistency with these terms and the Pay Monthly Terms and Conditions, these terms will prevail. Unless stated otherwise, capitalised terms used in these terms and conditions shall have the same meaning given to them in the Pay Monthly Terms and Conditions, and reference to:

   Unlimited Text has the meaning given in clause 12 of these terms and conditions;

   Carryover Plan means a Plan described in clause 1 of these terms and conditions; and

   Plan Benefit means the minutes, text and data allocation under each Carryover Plan as set out in clause 1.

4. The rates and conditions below apply when you use your Mobile Phone (or other device) in New Zealand only and have subscribed to a Carryover Plan.
5. All rates are inclusive of GST.

Minutes

6. Unless otherwise stated in these terms and conditions, Minutes are only valid for voice calls to any standard landline or mobile in New Zealand and Australia.
7. Minutes are allocated on your Billing Date.
8. If you do not use your full allocation of Minutes during your Billing month, your unused Minutes for that Billing month will be carried over to the following Billing month. For the purposes of these terms and conditions, these carry over Minutes are referred to as “Carryover Minutes”. Carryover Minutes (if not used) can be accrued for up to 12 months and will expire on the day prior to the first anniversary of the Billing Date on which these minutes were first allocated to you. During any Billing month, your Carryover Minutes (if any) will always be used before your Minutes allocation for that Billing month.
9. If you consume all of your Minutes while you are on a call, you will be charged the standard per minute rate for the remainder of the call and for any subsequent calls in accordance with our Standard Carryover Plan Rates Terms and Conditions until you are allocated further Minutes on your next Billing Date.
10. Minutes cannot be used to make calls to premium rate numbers (for example 0900, 018), voicemail or satellite phones.
11. All calls are rounded up to the next whole minute.

Unlimited Text

12. You will be charged a 0 cent per text rate for all text messages sent to any standard mobile in New Zealand and Australia on each Billing Date for the term of your Carryover Plan provided you pay the applicable Plan Charge.
13. Unlimited Text cannot be used for MMS or texts to premium rate numbers.
14. Our Fair Use Policy applies to Unlimited Text. For the avoidance of doubt, Unlimited Text is only available for person to person use consistent with our estimate of reasonable use of this service (referencing standard and/or estimated customer profiles). We may take action if we consider your use to be in breach of the Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Pay Monthly Terms and Conditions and is published by us at 2degreesmobile.co.nz/fairusepolicy.

NZ Data

15. NZ Data is allocated on your Billing Date and can only be used in New Zealand.
16. If you do not use your full allocation of NZ Data during your Billing month, your unused NZ Data for that Billing month will be carried over to the following Billing month. For the purposes of these terms and conditions, this carry over NZ Data is referred to as “Carryover Data”. Carryover Data (if not used) can be accrued for up to 12 months and will expire on the day prior to the first anniversary of the Billing Date on which this NZ Data was first allocated to you. During any Billing month, your Carryover Data (if any) will always be used before the NZ Data allocation for that Billing month
17. If you consume all the NZ Data available under your Carryover Plan in any Billing month you must purchase a Data Value Pack to continue using data services until a new allocation of NZ Data is made under your Carryover Plan on your next Billing Date. You will be charged for any Data Value Pack purchased by you in accordance with the terms of that Value Pack.
18. Data usage per session is rounded up to the nearest 5.12KB increment. Minimum data usage per session of 20.48KB applies.

Plan Bonus

19. Unless stated otherwise, the Plan Bonus is available to customers who sign up to a 12 month or 24 month Carryover Plan. The Plan Bonus is not available to customers who sign up to any month to month Carryover Plan. The value of the Plan Bonus is set out in clause 5 above.
20. The Carryover Plan Bonus can be redeemed as a discount on the price of a handset at a 2degrees store or retailer at the time you sign up to a 12 month or 24 month Carryover Plan.
21. If the value of your applicable Carryover Plan Bonus is greater than the price of your chosen handset, or you decide not to purchase a handset, then you will be issued a store voucher for the amount of your remaining Carryover Plan Bonus entitlement.
22. The store voucher is redeemable on items offered for sale in the store at which you signed up to the Carryover Plan, provided that vouchers will be subject to the terms and conditions applied in that store. Refer to the store voucher or contact the store for further information.
23. The Carryover Plan Bonus is not available in conjunction with any other mobile subsidy offered.

Early termination of your 12 month or 24 month Carryover Plan

24. Subject to clause 28 below, you will be required to pay early termination charges if you terminate your 12 month or 24 month Carryover Plan prior to the expiry of your term.
25. You will also be charged early termination charges where you wish to change the term of your Carryover Plan from 24 months to 12 months outside of the re-sign periods specified in clause 28 below.
26. You will also be required to pay early termination charges where we terminate your 12 month or 24 month Carryover Plan in accordance with our standard Pay Monthly Terms and Conditions.
27. The amount of the early termination charges that you will be required to pay in accordance with these terms and conditions will be published by us on our website from time to time. See our Pay Monthly ETCs and PTCs Terms and Conditions for more information.
28. If you decide to sign up to a 12 month or 24 month Carryover Plan prior to the expiry of the existing term of your current Carryover Plan, we will waive any early termination charges only if you re-sign to a new 12 month or 24 month in the following periods:
    1. If you are on a 12 month Carryover Plan and you re-sign to a new term anytime within 60 days prior to the expiry of your 12 month term; and
    2. If you are on a 24 month Carryover Plan and you re-sign to a new term anytime within 90 days prior to the expiry of your 24 month term.

Terminating your month to month Carryover Plan

29. If you are a month to month Carryover Plan customer, you can terminate your Carryover Plan at any time prior to your next Billing Date by calling Customer Care on 200.
30. The termination of your Carryover Plan will be effective on your next Billing Date. If your request for termination is made on your Billing Date, your Carryover Plan will terminate on the following Billing Date. You will receive a final Bill on your final Billing Date covering your final month Plan Charge and any other Charges incurred up to your final Billing Date and you are liable to pay those amounts to 2degrees.

Changing your Carryover Plan

31. Subject to clauses 32 & 33, you can change your Carryover Plan to a new available Plan at any time by calling Customer Care.
32. You are not able to:
    1. transfer from a Carryover Plan on a 12 or 24 month term to a Plan on a Freedom Term; or
    2. transfer your Carryover Plan to a NZ Carryover Data Plan.

    If you wish to do so, your current Carryover Plan will be terminated and you will be required to pay early termination charges in accordance with these terms and conditions.

33. If you change your 12 month or 24 month Carryover Plan to another available Plan of a lesser Plan Charge you will be required to pay a Plan transfer charge.
34. The amount of any Plan transfer charge that you will be required to pay in accordance with these terms and conditions will be published by us on our website from time to time. See our Pay Monthly ETCs and PTCs Terms and Conditions for more information.
35. If you transfer your Carryover Plan to a new available Plan you will not be entitled to any new Plan Bonus.
36. The transfer of your Carryover Plan will be effective on your next Billing Date. Your Bill will be adjusted to the new Plan benefits from that Billing Date. We will apply your Plan transfer charge on that Bill.
37. We may refuse to transfer you on to a new Carryover Plan or Share Everything Plan if you have not paid all of the outstanding Charges relating to your Account with us.

Transferring or switching to another Service or Plan

38. You may be able to transfer your Carryover Plan to another Service, Plan or Account made available by 2degrees from time to time, subject to these terms and conditions and any other terms and conditions applicable to those Services, Plans or Accounts.
39. Subject to clause 43, we may charge you for transferring your Carryover Plan in accordance with clause 38 and the amount of that charge will be published by us on our website from time to time.
40. The transfer of your Carryover Plan will be effective on your next Billing Date, and any transfer charge will be applied in the next applicable Bill received by you (if applicable).
41. We may refuse to transfer your Carryover Plan in accordance with clause 38 if you have not paid all of the outstanding Charges relating to your Carryover Plan.
42. If you transfer your Carryover Plan in accordance with clause 38 you will lose all unused Plan Benefits, any bonus rewards or other benefits associated with your Carryover Plan.
43. If you are transferring your existing Carryover Plan to a Plan under a 2degrees Business Account (with the same Plan Charge and remaining term) you will not be charged any Plan transfer charges or early termination charges. However if you are transferring your Carryover Plan to a Plan under a 2degrees Business Account with a lesser monthly Plan Charge then we may charge you a Plan transfer charge. The transfer of your Carryover Plan will be effective on your next Billing Date. If the request for transfer of your Carryover Plan is made on your Billing Date, your Carryover Plan will be transferred on your next Billing Date. You will receive a final Bill on your final Billing Date covering your final month Plan Charge and any other Charges incurred up to your final Billing Date and you are liable to pay those amounts to 2degrees.

Value Packs

44. You may purchase Value Packs in conjunction with your Carryover Plan in accordance with the specific terms and conditions relating to those Value Packs as published by 2degrees on its website at www.2degreesmobile.co.nz. You will be responsible for any applicable Value Pack Charges.
45. Any Value Packs you purchase will commence on the date of purchase. Value Pack Charges will be included in your next Bill, and subsequent Bills where the Value Pack is recurring, from commencement until you end the Value Pack.
46. If you terminate your Carryover Plan and transfer to a Prepay Account you may lose all unused Value Pack benefits on transferring to a Prepay Account, and the Value Pack(s) will stop recurring. You will need to re-purchase the Value Pack(s) to your Prepay Account to continue to receive those Value Pack benefits.
47. If you transfer your Carryover Plan to another Plan or Service offered by 2degrees from time to time you may lose all unused Value Pack benefits and your Value Pack(s) may terminate on the date of transfer to your new Plan or Service.

General

48. Unless provided otherwise by the terms of a Carryover Plan, all Services are charged at the standard rates set out in our Pay Monthly Standard Rates Terms and Conditions.
49. Subject to any Value Pack conditions, the voice, text and data benefits of your Plan that expire first will be used first.
50. Your Plan Charge and Plan Benefits will be pro-rated from the date of Activation of your Carryover Plan until your first Billing Date.
51. Because we charge for Services after you use them (in arrears) you will receive a final Bill on your final Billing Date covering your final month of Plan Charge and all other Charges incurred up to your final Billing Date.
52. You will remain liable for all Charges incurred up to the date we end your Account with us.
53. You will be able to view your Account usage and Bills for 3 months after you terminate your Carryover Plan with us by entering your email address (rather than your Mobile Number) together with your password in the Your 2degrees login screen.
54. Plan Benefits cannot be transferred to any other person or to another account you or any other person may have with us.
55. We may change the Plan Benefits under any Carryover Plan, or these terms and conditions at any time at our discretion. We will do our best to notify you before we make any changes to the Plan Benefits applicable to your Carryover Plan. We will not be liable to you if you do not receive any such notification. New Plan Benefits will be applied to your Carryover Plan from the Billing Date following the effective date of change to the Plan Benefits.