Terms and Conditions

View Terms and Conditions (pdf)

Introduction

These terms govern the Services and Equipment you obtain from us.

You should read these terms as they cover important issues such as your responsibilities when using the Equipment and Services, payment terms, rights of privacy and termination. You should also be aware of the policies on our website as you are responsible for complying with them - we update these from time to time.

These terms replace earlier agreements we have with you for the Services and Equipment. We may change these terms from time to time. You agree to check our website and be bound by such terms as are in effect at any given time. We will notify you of any changes by posting an updated version of these terms on our website. Any change we make applies from the date it is published on our website.

Your use of our web sites, Equipment or Services shows your unconditional agreement to our terms and policies. If we review our terms and policies, and you continue to use our web sites, Equipment or Services after the date on which any updates are effective, this will also show your unconditional agreement to any change in our terms and policies.

These terms applies to the Woosh Wireless and Wired Broadband, Woosh Calling, Wired Landline and standalone Wired broadband Equipment and Services only, and separate terms and conditions will apply to any other Woosh products or services we provide to you. These terms do not apply to our Pipeline, Waverider or Domain name products and services.

In addition to our other rights under these terms, we may delete or restrict access to communications transmitted via our network if you do not comply with these terms and the responsibilities outlined below. If you are a vulnerable customer and can demonstrate to Woosh that for reasons of age, health, disability or safety or a member of your household are reliant on a telecommunications service for wellbeing, it is your responsibility to notify Woosh of your condition, to allow us to manage your account appropriately.

1. Definitions
In these terms: “You” means the customer; “we” and “our” mean Woosh Wireless NZ Limited and Woosh Limited; the “Services” means the internet, calling and related services we provide to you and the “Equipment” means the equipment we provide to you in order to access the Services.
2. The Services

We will provide the Services to you as set out in these terms. We may vary the Services from time to time or decide to stop providing a particular Service. We will try to notify you prior to making the variation and will tell you about any substitute service we have available.

To access the Services you will need to obtain the necessary equipment as set out on our website from us or our business partners (for example, a Woosh modem, gateway or router).

Unless stated otherwise in Terms and Conditions specific to the relevant Service, you may change the type of Service that we provide you or the plan that you are on (for example, you may change from one pricing plan to another). You may have to pay a fee to change Services or plans (for example, if you are on a plan that has a minimum term contract and you want to change to a plan that has lower charges). You should contact the Woosh contact centre for details of these fees.

Data download and upload speeds may be reduced to approximately dial up speed once you reach the monthly data allowance specified in your internet plan.

Some of the Services require electricity to operate. To ensure the Services continue when electricity is unavailable, you should obtain an uninterrupted power supply (UPS) unit. Once we have confirmed we can provide the services it should take 7 – 10 days for the services to be made available or a time as arranged mutually by both parties.

2.1.   Our Undertakings

We undertake to do our best to provide the Services to a high standard. However, because of the nature of telecommunications services, it is impossible for us to provide perfect, continuous or fault free Services or ensure that the coverage or speed of the Services will not vary from time to time. The quality, coverage and speed of the Services (including but not limited to Wireless and Wired broadband, Woosh Calling (Wireless and Unzipped), and dial-up Internet access) depends on your location; the configuration of any home network you may operate; the configuration of your equipment or that of your intended recipient; your use of the internet or calling, the configuration of our network (including changes to the configuration of our network), the networks of other operators to which our network is connected; geographic factors, network congestion, maintenance or other operational or technical difficulties which may affect the Services.

 We will try to restore the Service as soon as possible following any planned or unplanned suspension of Services e.g. if we need to do repairs on our network (which we will endeavour to perform at times convenient to our customers) or if our or our suppliers‟ network experiences a fault and/or is damaged.

2.2.   Wired Broadband and Calling Service

There are certain periods during the day that you could access your broadband service at faster speeds than other periods. When the network is most likely to be congested (Peak) comparing to when the network is most likely to have less traffic (Off Peak):

We may use traffic prioritisation policies for the broadband plans at any time to improve the overall performance amongst our customers. Woosh prioritises certain types of traffic such as web and email. Other types of traffic such as peer to peer (P2P) are de-prioritised.

2.3.   Dial-Up Internet Service

You must not use a dial-up internet access account as a permanent connection. We can at our discretion disconnect you if we consider that your use of our internet access service has been excessive or unreasonable. If you have been disconnected, you will normally be able to reconnect without additional cost. However, if your account is overdue at the time of disconnection, you may be unable to reconnect until your overdue account is brought up to date. Dialup is not compatible with Cellphones, Woosh Wireless Phone or other VoIP based phone systems.

Woosh has a limited number of ports available for Dial Up, and cannot guarantee you will always be able to access the Dial Up service. Only one Dial-up modem may be connected at one time per account. If any subsequent users login with the same account details, the existing dial-up connection will be disconnected.

Unlimited Dial-Up is provided as part of the Woosh Unlimited Dial Up plan including a home phone line and a calling plan. There are no fees for changing from this plan to one of our wired Bundle of Joy broadband plans.

Roaming Dial up plan is included with all Woosh Orbit Wired ADSL, Wireless Broadband/Calling customers and Basic (email only) plans. Woosh broadband customers who activate the Roaming Dial Up service will be charged a flat monthly fee of $9.95 for the service which will be billed on the 1st day of the next calendar month. Once the Roaming Dial Up service has been activated in a particular month, you may use the Roaming Dial Up service as often as you like for the remainder of that calendar month, at no additional charge.

3. Supplied Equipment and Software

The Equipment we supply to you in order for you to use the Services:

Where we dispatch Equipment to you, a delivery charge may apply.

Equipment Non Return and Equipment Delinquency Fee (For the list of applicable charges, see Clause 7: Charges)

Where Woosh retains ownership of the Equipment it must be returned to us within 14 days from the date of cancellation. When you return it, we will provide you with a confirmation receipt. Should you fail to return the Equipment and cannot produce the receipt, we will invoice you for the full replacement cost of the Equipment and further administration charges of $36 which must be paid as part of your final account.

Equipment returned within 14 days after the cancellation date will not be charged for.

Any undamaged equipment returned after the 14th day will be credited in full for the replacement cost of the equipment; however a Equipment Delinquency Fee will be still charged and payable.

 3.1.   Wireless Broadband and Calling Equipment

 Prior to 5 September 2005:

 For all Woosh Wireless Equipment supplied to you prior to 5 September 2005, if you have any problems with it within 12 months of obtaining it from us you may return such Equipment to us. If we are responsible for the fault we will repair or replace the Equipment. We have no other obligations in respect of the Equipment.

 From 5 September 2005:

 We retain all ownership rights to the Woosh Wireless Equipment we or any of our business partners supply you from 5 September 2005. For such Equipment, you are responsible for any loss, theft of or damage (apart from normal wear and tear); you must arrange insurance for the Equipment; you must not sell, lease, dispose of, lend or otherwise part with possession of the Equipment; you must not use the Equipment for any purpose other than to access the Services; and you must not modify or otherwise interfere with the Equipment.

 Indicative costs for full replacement cost of any lost, stolen or damaged Equipment:

 

 

3.2.   Wired Broadband and Calling Equipment

We retain all ownership rights to the Woosh Wired Equipment we or any of our business partners supply you from 18 July 2011. For such Equipment, you are responsible for any loss, theft of or damage (apart from normal wear and tear); you must arrange insurance for the Equipment; you must not sell, lease, dispose of, lend or otherwise part with possession of the Equipment; and you must not modify or otherwise interfere with the Equipment.

Indicative costs for full replacement cost of any lost, stolen or damaged Equipment:

3.3.   Software

Any software we provide to you is licensed to you only for your use with the Services and is provided only for as long as you meet all your responsibilities under these terms. If the software we provide you is faulty and, as a result, you cannot use the Services we will either replace the software with software with similar functionality or refund to you our charges for the period you have not been able to use the Services.

4. Wiring Maintenance

4.1 Woosh Wiring Assurance

 

Woosh Wiring Assurance is an optional cover against faults in wiring. For a set monthly fee it covers the cost of parts and labour for the repair of faults caused by normal wear and tear in Telecom compliant internal wiring and sockets within your home. This fee covers the cost of labour and replacement of faulty parts with Chorus parts in the following situations:

 

  • Interference on the POTS phone line or the line not working (unless caused by broadband or the customer’s device)
  • Wear and tear of internal wiring from the External Termination Point (or the Master Jack point) including copper wiring (BT or RJ11), Ethernet cabling (Cat6 and Cat5) and RJ45 sockets.
  • If after install a splitter becomes faulty the cost of repair or replacement will be covered.

Woosh Wiring Assurance cover commences 30 days from the date you’ve added this service to your account, or had a new connection installed, or moved address after adding Wiring Assurance to your account. Prior to that you are responsible for any costs associated with wiring repairs at your address.

 

What doesn’t Woosh Wiring Assurance cover?

 

Any of the faults not described above are not covered by Woosh Wiring Assurance. These faults include, but are not limited to:

 

  • Faults caused by damage other than normal wear and tear such as building alterations, refurbishments or vandalism
  • 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 old home wiring where ADSL signals cause interference to the customer’s radio
  • Wiring from the jack point inside the house, this includes wiring connecting customer devices such as modems and computers
  • Wiring from the street to the property, including the External Termination Point (ETP)
  • External cabling between the home and another building on the customer’s property
  • Changes that are not related to a fault, such as moving, adding or changing sockets
  • Repairs to wiring or sockets that have not been installed to Telecom specifications PTC 101 (Telecom Permit to Connect: General Conditions) and PTC 103 (Telecom Code of Practice for Residential-Type Customer Premises Wiring). Detailed information on PTC Specifications can be found on the Access Standards Website
  • Repairs that require civil construction such as concrete works or land digging
  • Damage caused by natural disasters. This is usually covered by insurance policies
  • Set-up of a new broadband connection and wiring at a new or existing home. Refer to Woosh Terms and Conditions for relevant information on new connections and wiring
  • The purchase and installation of a splitter
  • Broadband performance issues

4.2 Before 08/10/2012 - Phoneline Wiring Maintenance

Prior to 08/10/2012 Woosh offered Phoneline Wiring Maintenance, which is an optional cover against faults in wiring. For a set monthly fee it covers the cost of parts and labour for the repair of faults caused by normal wear and tear in internal wiring and POTS sockets within your home. This fee covers the cost of labour and replacement of faulty parts with Chorus parts, but excludes any Woosh equipment.

What does Phoneline Wiring Maintenance cover?

  • Interference on the POTS phone line or the line not working (unless caused by broadband or the customer's device)
  • Internal wall wiring including copper wiring (BT or RJ11)

What doesn’t Phoneline Wiring Maintenance cover?

 

In addition to the terms, conditions and exclusions that apply to Woosh Wiring Assurance listed above, the following exclusions apply to Phoneline Wiring Maintenance:

 

  • Phoneline Wiring Maintenance does not cover any faults for Naked Broadband or Woosh Unzipped connections
  • Excludes Ethernet cabling (Cat5 or Cat6) and RJ45 sockets

5. Woosh Calling Services

5.1.   Phone Numbers

If we provide calling service to you, the numbers you use do not belong to you. We may change these numbers at any time (for example, for technical reasons). Before doing so, we will try to give you as much notice as possible. We will not be liable for any costs which you or anyone else may incur as a result of such change.

We may change any number we have allocated and will give you reasonable notice of this. Subject to our approval, you may change your number from time to time. You can obtain details of any fees we may charge for this service by contacting the Woosh contact centre.

5.2.   Woosh Voicemail

Woosh Voicemail service is provided to you with the following conditions:

5.3.   My Friends

My Friends is a calling subscription service which allows you to make free calls to selected destinations. My Friends is available on selected Woosh Calling plans. Changing your Service or plan may result in removal of My Friends service and associated benefits from your account. My Friends is provided to you with the following conditions:

5.4.   Extra Local Calling Area

Extra Local Calling Area is a calling subscription service which allows you to make free calls to a selected Local Interconnect Calling Area as defined by the Number Administration Deed. Extra Local Calling Area is available on selected Woosh Calling plans and is a chargeable service on some of these plans. Changing your Service or plan may result in removal of Extra Local Calling Area from your account, or a change in its chargeability status. Extra Local Calling Area is provided to you with the following conditions:


5.5.   Additional Services

Woosh Calling Services include a number of additional services that enhance the functionality of the phone line. The availability and the chargeability of these services depend on the Service, the plan and the Equipment that you receive from Woosh. It is your responsibility to communicate to us at the point of sale which of these services you require, to allow us to offer the right Service, plan and Equipment for your needs. These services include:


6. Your Responsibility

6.1.   Main responsibilities

By purchasing any Woosh Services you accept your responsibilities as a Woosh customer to:


6.2.   Additional Responsibilities

In addition to the above standard responsibilities, Woosh Wireless customers are also responsible for:


6.3.   WiFi Responsibilities

Using WiFi allows you to create a wireless network within your home, and to share the internet connection with other members of the household. If the Equipment supplied to you is WiFi-enabled you can choose to activate the WiFi capability when setting it up. Woosh offers no guarantee for the performance of a WiFi network as it depends on a variety of environmental factors such as location, materials used for the construction of your house, presence and proximity of other electronic equipment, as well as interference from other WiFi networks. To help secure your wireless network we strongly recommend using long passwords with a good mix of Caps, lower cases, numbers and special characters, and suggest that you change your password frequently. The ongoing security of your network is solely your responsibility. Woosh accepts no liability for damage/loss of information as a result of your WiFi connection. For more information on WiFi security please refer to the manual, consult an IT professional or visit 

 

7. Charges (For Equipment Non Return and Equipment Delinquency Fee charges see Clause 3)

7.1.   Overview

The charges for Internet, phone and calling services include the Initial Setup Fees (such as activation, installation and delivery), Standard Monthly Fees, Add-on Calling Plans, Toll Calls, Smartphone and Wireless Call Features fees, Broadband Data Plans and Top-Ups, as well as charges for Additional Services that are set out on our website.

You must pay for all the Services we provide to you either directly or in conjunction with other network operators (including calls to 0900 or other special numbers) no matter who initiates or uses them.

We will endeavour to give you 14 day notice of changes to our charges or the introduction of any new charges by us.

Any monthly usage rights that remain unused at the end of the data anniversary month may not be carried over to later months and will expire at the end of that data anniversary month.

7.2.   Connection, Wiring and Installation

Connection charges may apply in relation to your initial connection to our network. Wiring and installation charges will apply where we and/or a third party contracted to us supply equipment or line wiring services to you. If you are eligible to the Free Connection offer, Woosh will cover up to $99 (incl GST) of standard connection charges, with the balance payable by you to Woosh as per standard payment arrangements.

7.3.   New/Additional Connection

By ordering a new connection/reconnection/second line at a property you agree to pay the Residential Line Installation fee of $268.00 (incl GST) if applicable.

This charge will apply in addition to connection and wiring fees for a new connection or reconnection where no standard POTS (telephone) connections are available at present. It is your responsibility to ensure you supply all the relevant information, including the number previously connected at the address, to allow Chorus to assess the availability of connections. If due to lack of sufficient information Chorus are unable to identify any previous connections at your address, Chorus will assign a new connection address to your location, and Residential Line Installation charges will apply.

7.4.   Calling

 A list of our charges for specific Woosh add-on calling plans, subscription services, calling rates, charges to mobile or other non-local calls are set out on our website. The rates charged by the relevant network operator may change from time to time. It is your responsibility to check our website for any new or updated charges that may apply.

7.5.   Plan and Product Changes

    • Some of our products may include more than one plan. Unless stated otherwise, you can change your plan free of charge once every 30 days. If you change your plan during a billing period, and you have pre-paid some monthly plan charges for that billing period, you will be credited back a portion of those prepaid charges proportionate to the number of days left in the billing period.
    • We offer a variety of wireless and fixed line products. Unless stated otherwise, if you change to a different product a new contract term will apply. If you request to change to a different product while still within the contract term, a Product Change Fee of $69.90 will apply.

7.6.   Additional Services

Charges for Additional Services include Smartphone Services on PSTN network, Woosh Smart Services for Woosh Calling customers, other services provided by Woosh (e.g. Email Accounts) 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:

7.7.   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.

7.8.   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:

Woosh accepts no responsibility for charges from dispatching a technician should this process not have been followed.


8. 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 agree to provide your bank account  details to initiate monthly direct  payments or authorize on going monthly payments to be debited  from your credit card 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).

If you are on a WooshBiz or Unzipped plan your plan will be held with Woosh Limited and any payments due to Woosh Limited will be collected through Woosh Wireless NZ Limited. All other plans are held with Woosh Wireless NZ Limited and any payments due to Woosh Wireless NZ Limited will be collected through Woosh Wireless NZ Limited.

If you wish to raise a dispute regarding an invoice from us you must do so in writing or by calling our Accounts team on 0800 496674 within 42 days (6 calendar weeks) of the invoice.  We will consider any issues raised in good faith and will promptly advise you of any resolution or amendment to our charges.  Any claim outside this timeframe shall not be recognised.

8.1. Bond

If for any reason if you do not meet the our criteria we will require a bond.

 

8.2 Refunds

We can use any credit balance or bond deposit in your Woosh account or use any money we owe you to cover your outstanding Charges.  We may charge a reasonable account administration fee in relation to accounts we regard as being overpaid as a result of customer error, dormant, for providing statements or for dealing with unused credit balances.  Subject to those rights (and in accordance with clause 13.3), we will refund any unused credit or security deposits at the end of this Agreement.

8.3. Personal Property Securities Act 1999 (“PPSA”)

Upon assenting to these terms and conditions in writing the customer acknowledges and agrees that:

(a)   These terms and conditions constitute a security agreement for the purposes of the PPSA and

(b)   A security interest is taken in all Goods previously supplied by us to the customer (if any) and all goods that will be supplied in the future by us  to the customer

The customer undertakes to:

(a)   Sign any further documents and/or provide any further information (such information to be complete, accurate and up to date in all respects) which we may reasonably require to register a financing statement or financing charge statement on the Personal Property Securities register;

(b)   Indemnify and upon demand reimburse, us for all expenses incurred in registering a financing statement or financing change statement  on the Personal Property Securities Register or releasing any Goods charged thereby

(c)    Not register a financing change statement or a change demand without the prior written consent of Woosh; and

(d)   Immediately advise us of any material change in its business practices of selling the goods which would result in a change in the nature of proceeds derived from such sales.

(e)   Woosh and the customer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.

(f)    The Customer waives its rights as a debtor under sections 116, 120(2), 121,125,126,127,129,131 and 132 of the PPSA

(g)   Unless otherwise agreed to in writing by us, the customer waives its right to receive a verification statement in accordance with section 148 of the PPSA

(h)   The Customer shall unconditionally ratify any actions taken by Woosh under clauses 10.1 to 10.5

9. 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 3rd 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.

10. Credit Information and Limits

 At any time after you agree to purchase 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. This may include using a credit agency’s monitoring services to receive updates if any of the information held about you changes. When other credit agency customers use the credit reporting service, the agency may give the information to those customers.  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 or a bond 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 7, 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.

11. 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.

12. Restriction and Suspension of Services

Woosh reserves the right to restrict and/or suspend any or all Services supplied to you if you are found to be in breach of these Terms or if you fail to pay a bill by the due date as per section “Notices and Payments” above. 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.

 

13. Termination (Cancellation) of Services

 

If you are considering cancelling your services with Woosh, please give us a call. We offer a wide range of telecommunication products and may be able to offer you a service that better suits your needs.

If you decide to proceed with your cancellation request, the following terms and conditions apply:

 

13.1 Cancellation notice

 

You may request to terminate your service and/or cancel your account in three ways:

 

We require a 30 day notice for all cancellation requests. 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 billing purposes, the last day of service will be considered the 30th day from the date that your cancellation request was received.

 

Should you cancel our services and fail to notify us, we reserve the right to continue attempting to deliver services and bill you for these services for up to 60 days from the day of actual termination.

 

The cancellation notice must be passed to us by the Woosh account holder or an authority on the account. We do not accept notifications on your behalf from any third parties including another service provider.

We accept no liability for charges that you incur as a result of not providing us with Cancellation Notice.

Note: Where another service provider informed you that you should not contact us for cancellation purposes, that provider may be in breach of paragraphs 18.1 and 18.2 of the Regulated Customer Transfer Code.

 

13.2 Cancellation while awaiting connection

 

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 the confirmed RFS (Ready for Service) date. If cancellation is made outside of this timeframe, the cancellation is treated as that for an active and provisioned account. Relevant installation charges and a cancellation fee will apply. The charges will be communicated to you at the beginning of the following calendar month.

Standard early account cancellation fees are listed in Charges section under “Standard Activation and Early Account Cancellation Fees” below.

 

13.3 Account balance

We can use any credit balance in any of your accounts or use any money we owe you to cover your outstanding Charges. Subject to this right, we will refund any unused credit or security deposit over the value of $15 at the end of the agreement.

If an inactive account is deemed to be in credit balance then we will in good faith attempt to contact the Account Holder to obtain details to provide the refund. If we have been unable to contact the Account Holder within 6 months from date of cancellation, the credit balance may be applied as administration fees. Woosh will not refund any balance under the value of $15.

 

13.4 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 and business plans may have different early cancellation fees and may differ from the standard fees listed below.

 

Wireless service

 

 

12 month contract

Open term contract

Internet only

Activation Fee: $49.99

Cancellation Fee: $149.95

Activation fee: $99.95

Cancellation fee: -

Internet and phone line

Activation Fee: $79.95

Cancellation Fee: $149.95

Activation Fee: $149.95

Cancellation Fee: -

 

Wired Service

 

14. Reconnection Due to Change of Address

14.1. 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.

14.2. Wired Broadband Service

If you change your address, you may be able to take your Wired Broadband Service with you. If you are moving to an area where no wired broadband is available, we may be able to provide you with a wireless broadband connection. However, if your change of address results in our inability to deliver broadband services to you, an Early Termination Fee may apply.

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 may apply.

14.3. Unzipped Broadband and Calling Services

If you change your address, you may be able to take your Wired Broadband Service with you. If you are moving to an area where Woosh Unzipped is not available we may be able to provide you with a standard wired or wireless broadband connection. However, if your change of address results in our inability to deliver broadband services to you, an Early Termination Fee may apply.

You will need to contact us at least 14 days in advance of the move to minimise any service disruption. A new contract with a reconnection fee of $27.60 (including GST) will be applied to your account. If additional wiring is required at the new address, a wiring installation charge may apply.

14.4. Product Change Fees

By changing address you are terminating your original contract with Woosh and commencing a new contract term. If your previous plan has since become unavailable, you will not be able to transfer it to your new address. You can choose a new plan from the ones available at the date of your reconnection. If the new plan you choose requires new hardware to be shipped to you a Product Change fee of $69.90 will apply.

15. 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.

16. 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:


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:


17. 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 –


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

18. 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.

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

 General terms for National Calling Plans


 Add-On Waffle Calling Plans


Free National Calling Plan


19. 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.

Privacy Act 1993

1. The customer and the transferee/s (if separate to the Customer) authorises us to:

(a) Collect, retain and use any information about the customer and/ transferee/s, for the purpose of assessing the customer’s and/ transferee/s creditworthiness

(b) Disclose information about the customer and / transferee/s , whether collected by us from the customer and/ transferee/s directly or obtained by us from any other source, to any other credit provider or any Debt or credit report agency, for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the customer and/or assignee

2 Where the customer and/ transferee/s are an individual, the authorities
 are authorities or consents for the purposes of the Privacy Act 1993

3 The customer and/ transferee/s shall have the right to request for a copy of the information about the customer and/ transferee/s retained by us and the right to request us to correct any incorrect information about the Customer and/ transferee/s held by us

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.

20. Legal Framework

The following legal frameworks apply to these Terms

20.1. 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.

20.2. 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 and in New Zealand Dollars.

20.3. 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.

20.4. Privity

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

20.5. 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.

20.6. Disputes resolution

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.

If you have raised a complaint with us and we've been unable to agree on how to resolve your complaint, or it's taken longer than six weeks to sort it out, you have the opportunity to take your case to the Telecommunications Dispute Resolution Scheme.

Find out more about the Telecommunications Dispute Resolution Scheme by calling them on 0508 989898.

Woosh Wireless NZ Limited and Woosh Limited Standard Terms and Conditions 
Revised on 15 May 2013