Charges for Additional Services include Smartphone Services on our Wired network, Woosh Call Features on our Wireless network, other services provided by Woosh (e.g. Domain Name Registration, Email Accounts, etc.) as well as services provided by our partners (e.g. Watchdog URL Filtering, etc.).

If you are transferring your phone line to Woosh from another provider, we will transfer all your additional services along with your line. Woosh will inform you at the point of sale if we are unable to deliver any of the services supplied by your current provider. These services include:

• Toll Bar
• Call Waiting
• Caller Restriction
• Caller ID
• Call Minder
• Other Smartphone services

Due to unavoidable 3rd party costs, change of name on account or change of ownership of the account will incur a fee of $51.95 including GST.

8.5 Permanent Toll Bar

Unless otherwise specified, where a permanent toll bar had been transferred with the line or placed on the line by the previous provider (including, but not limited to 0800RECONX, Ecosse Business Equipment Ltd (0800Homeline), Kiwi Reconnect and Eziphone Limited), we reserve the non-negotiable right to keep the toll bar in place for a minimum period of 6 months from the date of connection with Woosh. Consequent removal of the toll bar will be done on customer’s request and is conditional on positive review of the payment history of the account by us.

8.6 Chorus Technician Dispatch

In the event that Woosh are required to dispatch a Chorus assigned technician to your property, you agree to the following conditions of dispatch:

• All customers unless stated otherwise are responsible at all times for any form of internal wiring and equipment at their property. Woosh accepts no liability for loss of service due to wiring within your property, starting from the internal wiring of the External Termination Point (ETP) to any hardware or wiring connecting to this. If you are unsure of where your ETP is, please contact Chorus on 0800 600 100 or your property owner.
• You have carried out all fault testing procedures requested by Woosh in their entirety. These procedures may include, but are not limited to removing all equipment from any jack point in the property, removing any form of extension cables, testing a separate phone, testing a separate modem, testing both with and without a filter on all equipment, on each jack point.
• If it is found that a modem provided by Woosh is at fault then:
  • If you own the modem and it is within its warranty period, you must have attempted to rectify the fault with a separate modem. If required, Woosh will courier or allow you to pick up a modem for testing purposes.
  • If the modem is Woosh-owned, you must have given Woosh the opportunity to provide you with a replacement modem.

• Chorus assigned technicians are not required to explain any charges for work carried out. Any conversation between yourself and the technician is without prejudice and does not negate any responsibility you have with Woosh as agreed before assigning a technician.
• Minimum pricing applies to Chorus technician callouts. The actual amounts charged may be higher than the minimum amounts stated below.
  • If the fault is determined to be on your property but no wiring is required (e.g. a faulty modem) and no fault found on the Chorus network, a minimum charge of $138.86 will apply.
  • Should the Chorus assigned technician determine that internal wiring installation or repair on your property is required (e.g. fixing a broken jack point or removing a faulty splitter) a minimum charge of $270.25 applies.
  • If you are not available at the agreed time and place for the Chorus assigned technician visit, minimum $107.47 fee for an aborted visit will apply.
• As per clause 3 of this agreement, if you have Wiring Maintenance on your account you may be exempt from fault charges. You will not be charged if:
  • you have had Wiring Maintenance on your account for more than 30 days
  • and the fault is identified as POTS (phone line) wiring fault
  • and the fault is covered by the Wiring Maintenance agreement.
• You will be charged in all other cases, including a DSL (internet) fault fee, No Fault Found fee, or Aborted Site Visit fee.
• Should any part of your services resume after we have organised to have a technician dispatched, you must inform immediately. If possible, we will cancel the visit from the technician though you may be charged an aborted visit fee at any point.

9. Notices and Payment

Invoices and notices will be sent by email to the address you have nominated. You will be deemed to have received a notice at the time the email is sent.

Unless we agree another form of payment, all payments (including Equipment and Services charges, monthly plan charges, usage based charges, delivery and installation charges) are to be made by direct debit or credit card. In order for us to process payment of these charges, you must supply your bank account or credit card details to us at the time your account is established or as soon as possible afterwards. All plan charges are payable in advance except where the Services are provided by us in conjunction with other network operators (for example, calls to 0900 or other special numbers) in which case we will invoice you when those charges are passed on to us.

Invoices we email to you will advise the due date of payment for the Services. If you do not pay a bill by the due date we may charge you a late payment and/or dishonoured fee (not exceeding $20 a month). We may also suspend or restrict the Services until all due payments are made, or terminate the Services. You will pay any costs we incur in enforcing your obligations under these terms.

Please contact us if you believe there is a mistake on your invoice. We will investigate your query and let you know whether we believe there has been a mistake. If not, you must pay the invoice by the due date. You may not withhold money you believe you do not owe us or set-off sums that we owe you.

You cannot cancel a scheduled payment, as your regular payments are set to be consistent with the Woosh services usage. However, you can cancel your Direct Debit arrangement by providing written notice to Woosh at least two business days before the next regular payment amount is due to be paid from your bank account. Otherwise, cancellation will be effective from immediately after the next payment date. You must pay the outstanding debit balance in full within 5 days of cancelling a direct debit arrangement and are required to provide Woosh with an alternative payment method, failing which your account may be suspended.

If for any reason your payment is dishonoured on the due date Woosh will attempt to automatically debit your account on any subsequent date during the month for the amount payable (to an equal or lower amount).

Wireless Broadband and/or Calling Services

If you end any plan during a billing period, and you have pre-paid some monthly charges for that billing period, you will be credited back a portion of those pre-paid charges relating to the number of days left in the billing period.

10. Standard Activation and Early Account Cancellation Fees

If the Services have been supplied to you under a minimum term contract (e.g. 12 months) and the plan is terminated for any reason prior to the end of the minimum term, termination does not affect your obligation to pay any applicable termination fee and any other charges you have incurred (including your standard monthly charges and any additional charges payable in arrears) which have not been invoiced prior to the date of termination. Any outstanding hardware payments due on your account will be payable on cancelling. Promotional discounted plans may have different early cancellation fees and may differ from the standard fees listed below.

Where you are on a fixed term contract and your Woosh account is suspended for any reason, the term of your contract will be automatically extended by the time period(s) during which your account is under suspension.

Wireless Service for customers signing up to a plan from 1 November 2011

• Broadband only

• Broadband & Calling

12 month contract: $79.95 activation fee and $149.95 early cancellation fee
No contract: $149.95 activation fee

Wireless Service for customers who signed up to a plan between 1 October 2010 and 31 October 2011

• Broadband desktop modem kit
  12 month contract: $52.50 activation fee and $105 cancellation fee No contract: $105 activation fee
• Broadband modem & WiFi kit
  12 month contract: $105 activation fee and $105 cancellation fee No contract: $149 activation fee

• Broadband modem & Calling kit
  12 month contract: $105 activation fee and $105 cancellation fee No contract: $149 activation fee
• Broadband modem & Calling WiFi Router kit
  12 month contract: $157.50 activation fee and $105 cancellation fee No contract: $199 activation fee

Wireless Service for customers in contract prior to 1 October 2010

• Broadband only
  
  12 month contract: $99 early cancellation fee
  18 month contract: $198 early cancellation fee
  
  

• Broadband & Calling
  12 or 18 month contract: $198 early cancellation fee
  
  

Wired Broadband service for customers in contract prior to 1 November 2011

• Broadband only / Broadband & phone
  12 months contract: $99 early cancellation fee

Wired Broadband for customers signing up to a plan from 1 November 2011

• Broadband only / Broadband & phone
  12 months contract: $149.95 early cancellation fee

• Naked Broadband
  12 months contract: $149.95 early cancellation fee
  9 months contract: $149.95 early cancellation fee

11. Mobile Technician Services

Woosh provides a mobile technician service to support customers.

Standard Technical Installation for our wireless service includes installing the Woosh equipment and connecting to your first desktop computer or Laptop. The installer could also configure the email to work with your Woosh email account on your first PC or Laptop. This installation carried out by a Mobile Technician is available free of charge to the customer.

If you have a networked environment with more than one computer, charges may apply for more complex installations, where additional wiring or equipment is required. If you incur additional charges for a complex installation, you will be provided with an estimate prior to commencement of the installation. You will be billed directly by the technician for all additional charges, which will be payable by you on the completion of the job.  Note: We do not support 3^rd party equipment.

If you arrange an appointment, for any service, with a Woosh Mobile Technician if you are not at the arranged appointment location, at the time scheduled, Woosh will add a Customer No Show charge to your account. The price will range between $25- $50 inc GST depending on travel time and location.

12. Credit Information and Limits

At any time after you agree to purchase the services from us, we may check your credit status with any credit reference agency and we may pass on credit information about you to any credit reference agency. If you do not provide us with the names of any credit referees when we ask for them or we are dissatisfied with the information regarding your credit status we can decline your application for the services or terminate any plan you are on. Should your credit rating not meet our criteria, we may ask for an advanced payment no less than $150 and impose spending restrictions before processing your connection. In the event that any charges are added to your account, as explained but not limited to clause 8.2, these charges will be deducted from this advanced payment irrespective of a completed connection. We do not have to disclose our credit criteria or the reasons for denying any application or terminating your plan under this clause. You must comply with any credit limit that applies to your account.

13. The Consumer Guarantees Act 1993

You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. Unless you use, or hold yourself out as using, the Services for the purposes of a business, nothing in these terms and conditions will limit or exclude your rights under the Act.

14. Our Liability

Woosh excludes any liability of any kind (whether in contract, tort (including negligence), equity or otherwise) to you or anyone claiming through you, relating to any loss of profits or revenue, loss or corruption of data, lost business or missed opportunities, wasted expenditure or savings you might have had, or any form of indirect or consequential loss whatsoever arising from your use of the Equipment or Services.

Subject to the exclusion of liability clause set out above, our total liability in contract, tort (including negligence), and equity or otherwise, will not exceed $5,000 for any event or series of related events and $10,000 in any 12 month period. The exclusion of liability and total liability clauses set out above are for the benefit of the following: Woosh Wireless, our officers, employees and agents and anyone else for whom any of these people are responsible.

We also have obligations to our dealers, agents, suppliers and other network operators who provide interconnection services to Woosh. Those persons (and their officers, employees, contractors and agents and those of any of their related companies) will not be liable to you or anyone else for any claims, costs, and damages, losses of any kind arising in any way from the Services or from your use of the Services or our network.

You will reimburse us for any loss or damage we suffer as a result of your breach of these terms. You will also reimburse us for any costs we incur in enforcing your obligations under these terms.

15. Restriction, Suspension and Termination of Services

You may request to disconnect your service via one of the following methods:

Call our contact centre and speak to a customer service representative; or

Send us a written request by logging into ‘My Account, ‘Customer Support’ section.

Except where you have agreed to take the Services for a minimum term contract, either you or we may terminate your plan with effect from the end of the current billing cycle by notice to the other. Where you have agreed to take the Services for a minimum term contract, either of us may give notice terminating the Services at the end of that term, but not before that time except as set out in these terms.

For customers who are waiting for a wired connection from our service company, cancellation of this connection request must be made at least 48 business hours before any request for service (RFS) date. If cancellation is made outside of this timeframe, installation charges may be passed onto you and these charges will be confirmed with you at the beginning of the follow calendar month. A cancellation fee for the account will also apply.

Standard early account cancellation fees are listed in section ‘Standard Activation and Early Account Cancellation Fees’ above.

Fixed Line Connections: Due to unavoidable 3rd party costs, during any form of suspension you will be charged your usual monthly plan fee as well as charges for additional services.

16. Reconnection Due to Change of Address

Wireless Broadband and/or Calling Services

If you change your address, you may be able to take your Wireless Broadband and Calling Service with you within the Woosh predicted wireless areas by performing coverage check on the Woosh website. You will need to contact us at least 14 days in advance of the move to minimise any service disruption. You will remain liable for service charges and contract obligations if you experience any connectivity issues at your new address.

Wired Broadband Service

If you change your address, you may be able to take your Wired Broadband Service with you. You will need to contact us at least 14 days in advance of the move to minimise any service disruption. Due to unavoidable 3rd party costs, a new 12 month contract with a reconnection fee of $51.95 (including GST) will be applied to your account. If additional wiring is required at the new address, a wiring installation charge from $99 may apply.

17. Directory Listings

We will not list your new phone number with the White Pages or its equivalent and for directory assistance by default for privacy reasons. If you want your new phone number details to be listed in the White Pages or directory assistance, or you require special types of listings, please give us a call.

If you have transferred an existing phone number to a Woosh FAST PACK home phone and broadband plan from another Telecom Wholesale provider, your directory listing arrangement will remain unchanged.

18. Refer a Friend program

We will credit your account with a $40 credit if you (the 'referrer') refer a new customer (the 'referred friend’) to join the Service, however we will only credit you if:

• your account has been active throughout the 30 days when the referred friend’s account is activated; and
• the referred friend’s account has been activated for at least 30 day on a Woosh wireless or wired broadband plans; and
• the referred friend is not already a customer of, and has never been a customer of Woosh; and
• the referred friend is eligible to join and use the Woosh Service based on coverage and availability; and
• the referred friend quote or enters your Woosh unique promo code in the correct field during the Woosh sign up process when they join, or they follow your designated referral link which automatically includes your promo code in the correct field on the sign up form, or they inform our Sales Team when they sign up.

We reserve the right to deduct any account credits credited in relation to a referral if we, at any time, discover that any condition in clause 1 above has not been met.

You expressly acknowledge that you are not permitted to join the Service on behalf of another individual.

We reserve the right to deduct from your account any credits credited to you in relation to a referral if the referred account is cancelled by us or by the referred friend within 30 days of the date of the referred friend joining.

You must not make any misleading statements about the Woosh Service, or misrepresent to the person you refer.

There could be a few reasons why you have not received the $40 credit:

• if your account has been suspended within the 30 days after your friend has joined Woosh;
• If your friend’s Woosh wireless or wired broadband plan has not been active for 30 days;
• if your friend did not enter or quote your promo code when they sign up to Woosh. This cannot be rectified, as we have no record to show that you referred them. It is your responsibility to ensure that the people you refer enter your promo code correctly when they signed up to Woosh.

19. Acceptable Use and Report Abuse of Use Policy

Woosh’s Acceptable Use Policy sets out our rules regarding your acceptable use of Woosh Services, including email, broadband internet access, personal home pages and any other products or services offered by Woosh from time to time. Woosh reserves the right to update and/or make changes to its Acceptable Use Policy by posting an updated version of the Policy on our website. You will also comply with any reasonable restrictions we impose or directions we give regarding the use of our Services.

You are responsible for all use of Woosh Services accessed by or through your account, and it is your responsibility to be familiar with Woosh’s Acceptable Use Policy and with all applicable laws, regulations, or standards relating to your use of Woosh Services.

Your use of Woosh Services must not –

• facilitate, promote, or perform any fraudulent or otherwise unlawful or illegal activity be malicious, obscene or offensive. This means you must not access, transmit, distribute, store or otherwise use any information or material which may be considered to be unlawful, threatening, intimidating, abusive, racist, hateful, or sexually explicit.
• ·store or make available on the Woosh Personal Homepages server malicious, obscene, offensive information or content, including copyright material, such as music files (i.e. MP3 files)
• defame or slander another person
• violate or compromise the privacy, publicity or other personal rights of any person
• infringe the intellectual property rights of any person or organisation
• violate or compromise the security and integrity of all or any part of the Woosh network, or attempt to do same
• access, intercept or distribute to others any email or other private communications not intended for you
• damage, corrupt, intercept or destroy any information or material in violation of any law or other legal right of any person or entity
• interfere with or compromise or otherwise adversely affect any service to any Woosh Customer or other third party, or attempt to do same
• adversely affect any communications network, equipment, software or data including without limitation by means of introducing a virus, worm, Trojan horse, denial of service attack, flooding, spamming or similar
• send unsolicited emails or other electronic communications, including promotions and/or advertising, chain letters, pyramid scheme letters, bulk email or similar
• Note that certain breaches of our Terms and Conditions (including the Acceptable Use Policy) may also result in civil or criminal liability. We may investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Complaints regarding the possible breach by any Customer of its terms should be directed to abuse@woosh.co.nz

20. Fair Use Policy

It is important to Woosh that all eligible Woosh customers are able to access our Services. Accordingly, we have devised a fair use policy which applies to this Service. Woosh may rely on the Fair Use Policy where:

a) your usage of Woosh Broadband Data Services is unreasonable; or

b) your participation in a Fair Use Promotion is excessive or unreasonable, as defined below.

General terms for National Calling Plans

• Inclusive calling applies on national calling minutes only. Standard charges will apply for premium rate, directory enquiries, 0900, operator assisted, international and mobile calling, and these charges will be invoiced to you monthly in arrears.
• We reserve the right to disconnect or charge our standard per minute rates if your activity is inconsistent with normal residential usage patterns. Inclusive calling excludes activities such as auto-dialling, continuous call forwarding, telemarketing, Call Centres, fax or voicemail broadcasting.
  
  

Add-On Waffle Calling Plans

• Add-On Waffle calling plans are available on the wireless calling service and the Bundle of Joy home phone bundle plans only.
• Each call is limited to 2 hours in duration and standard charges may apply after 2 hours on the capped calling plans.
• Woosh has developed a threshold for the Waffle Unlimited Plan and the related tariffs by reference to average customer profiles and estimated customer usage of the Service (particularly the estimated volume and length of unlimited voice calls likely to be made by users). The Threshold is regularly reviewed against average customer usage and is currently set at 1,000 minutes per billing period for the Waffle and National Unlimited Calling Plan.
  
  

Free National Calling Plan

• Free National Calling Plan is only available on the Wireless calling service and the FAST PACK 100 plan
• Each call is limited to 40 minutes in duration and standard per-minute charges will apply after 40 minutes
• Excessive use will be above 1,000 minutes per customer per month, where that use adversely affects the Woosh calling network or other customers’ use of or access to a Woosh Service or the Woosh Network.

Where you are in breach of this Fair Use Policy, Woosh may contact you to discuss changing your usage so that it conforms to this Fair Use Policy. If, after Woosh has contacted you, your excessive or unreasonable use continues, Woosh may, without further notice to you:

a) suspend or limit the Service (or any feature of it) for any period we think is reasonably necessary; and/or b) terminate your agreement in accordance with the Woosh Standard Terms & Conditions

21. Privacy Policy

Your use of our website or subscription to the Services shows your consent to our collection, use and disclosure of personal information in the manner set out below. This information may include, among other information, your name, address, email address, telephone number and information on how you use our products and services.

In addition to the rights under clause 10, you authorise us to collect any personal information provided by or concerning you or your use of the Services. The information may be obtained from you and others or from within the equipment used to provide the Services. This information may also include the recording of calls between you and Woosh representatives. You may decide whether to provide any information to us. If you do not provide the information, we may not be able to provide the Services to you. We will only use the information, and share it with our contractors, agents, other network providers and business partners for the purposes of:

• providing the Services to you
• undertaking credit checks, sending you invoices and recovering money you owe us
• managing the network efficiently.
• improving customer services.
• informing you of services available from us and our business partners (unless you opt not to receive this information).
• carrying out market and product analysis.
• exercising any lawful right any of us has.
• assisting you to use other services provided by us in conjunction with other network operators (for example, 0900 and service calls).

We may also, if we believe necessary, provide information about you to law enforcement authorities. You may ask to see information we hold about you, and for any details that are wrong to be corrected.

Woosh is required to disclose to emergency services (police, fire, and ambulance) your phone and fax numbers, address and other contact details as required. Please ensure you promptly advise us of any changes to your address or other contact details, so that we may keep our records up to date for these purposes. We will display your phone or fax number to the recipient of any phone call you make unless you request us not to. If you would like to make such a request please contact customer services. Your number may still be displayed to us, emergency services or other services.

Goods and Services Tax (GST)

GST is calculated in accordance with the Goods and Services Tax Act 1985 (as amended). Woosh reserves the right to vary the pricing or charges to reflect any legislative change to the rate of GST. All prices quoted on the website are GST (15%) inclusive unless specified otherwise.

Transfer Rights

We may transfer or assign to any third party all or part of our rights and obligations under these terms and/ or any interest in our network. We may also subcontract to any third party all or part of our obligations under these terms. You may not transfer, assign or on-sell all or any part of your rights and obligations under these terms. If you are a company and your effective management or control is changed in any way, we may treat this as a transfer or assignment entitling us to terminate any plan you are on.

Privity

Third parties may take the benefit of rights expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

Intellectual Property

We retain all our intellectual property rights in the Services, the Equipment, any software we provide you and the content of our website.

Disputes

If you have any dispute with us or the Services, please refer that dispute, initially, to the Woosh contact centre. If the Woosh contact centre is unable to resolve your concerns, the matter will be escalated to the contact centre manager.

Woosh Wireless NZ Limited Standard Terms and Conditions