Woosh General Terms and Conditions

Revised on 01 February 2014

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1. Definitions
2. Services
3. Supplied Equipment and Software
4. Wiring Maintenance
5. Woosh Calling Services
6. Your Responsibility
7. Charges
8. Notices and Payment
9. Mobile Technician Services
10. Credit Information and Limits
11. Our Liability
12. Termination of Services
13. Reconnection Due to Change of Address
14. Directory Listings
15. Acceptable Use and Report Abuse of Use Policy
16. Fair Use Policy
17. Privacy Policy
18. Legal Framework

 

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 apply 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.

All products and services offered by Woosh, with the exception of WooshBiz, are intended for residential use only. 

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 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):

    • Off peak: approx. between 1am to 7am.
    • Peak: approx. between 4pm and 1am.

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

Using the Dial-up service requires a dial-up modem (supplied by the customer). Only one dial-up modem may be connected at one time per account. If any subsequent users log in with the same account details, the existing dial-up connection will be disconnected. 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. Due to limited availability Woosh cannot guarantee you will always be able to access the Dial-up service. 

Unlimited Dial-up is provided free of charge as part of the Landline and Dialup plan for customers who were placed on ADSL waiting list due to lack of available DSL ports at their exchange.

Roaming Dial-up is included with all Woosh broadband plans. Customers who activate the Roaming Dial-up service are 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 it 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:

    • will be of an acceptable quality.
    • will do everything we say it will do for a reasonable period.
    • will be fit for all the purposes for which the Equipment is normally provided.

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 and you will not be charged for any undamaged equipment. 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 a further  Equipment Delinquency fee of $36 which must be paid as part of your final account.

Undamaged equipment returned after the 14 day period but before 59 days after the cancellation date will be credited in full, however the Equipment Delinquency Fee will still be charged and remain payable. Equipment returned after 60 Days after the cancellation date will not be credited.

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. See Charges and Fees for 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. See Charges and Fees for 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
  • 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:

    • All voice mail messages can be stored for up to 30 days.
    • Any voice mail messages that are older than 30 days will be automatically deleted from the Woosh server and cannot be retrieved after deletion, or when your Woosh calling account is deactivated and closed.
    • A maximum of 30 voice mail messages can be stored in each voice mail inbox and each voice mail message cannot be longer than 2 minutes.

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:

    • Each My Friends destination can include up to two phone number (a mobile or a national landline, and a national landline)
    • You can have up to 3 My Friends per account.
    • Calls of up to 40 minutes long to any number included in My Friends are free. Beyond the first 40 minutes each call is charged at standard rate.
    • You can make an unlimited number of My Friend calls, but a Fair Use policy applies.
    • My Friend is charged as a monthly subscription fee per destination. Changing a number(s) within a My Friend destination incurs a one-off fee per change.
    • The My Friend monthly fee is added to your account each time you create a new My Friend destination. If you delete a friend from My Friends, the monthly fee will be removed from your account from the next month onwards.
    • Monthly fee and number change fees are charged in arrears. 
    • My Friends is not available to credit limited customers and customers with permanent toll bar. 

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:

    • You can have one Extra Local Calling Area per account
    • Extra Local Calling Area calls are free for the first 40 minutes per call, after that your regular per minute rate will apply.
    • You can make an unlimited number of Extra Local Calling Area calls, but a Fair Use policy applies.
    • Extra Local Calling Area isn’t available to customers with a permanent toll bar or local-only plan.
    • You can add, remove or change your Extra Calling Area once a month.

 

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:

    • Call Waiting
    • Caller Display
    • Call Forward (Immediate, On Busy, On No Answer)
    • Number Withhold

6. Your Responsibility

6.1.   Main responsibilities

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

    • cancel you telephone and broadband services with your previous provider
    • pay for the Services and any other amounts payable under these Terms in full by the due date.
    • make sure all information you give us is correct and kept up to date e.g. inform us when you change address.
    • manage, save and delete your own messages when you use the Woosh voice mail service.
    • comply with all policies relating to the Services on our website.
    • use the Services without annoying others (including spamming) and comply with all laws.
    • not allow other parties to use your account or Equipment for relaying spam email.
    • not distribute anything which may cause harm to others or their computer systems.
    • never gain or attempt to gain unauthorised access to our or anyone else's computer system or phone line.
    • keep your billing number, login ID, password or other security data confidential, private and secure at all times.
    • never resell the Services to others.
    • ensure that your use of the Services complies with all applicable laws
    • immediately report any misuse of your account or disclosure of your security data.
    • immediately advise us where any Equipment is lost stolen or damaged.
    • make sure everyone who you permit to access Services via your account or Equipment has his or her own login ID and password, and also complies with these responsibilities.
    • ensure that any additional wiring or equipment in your home, such as alarm systems, does not interfere with any part of the Woosh network.

 

6.2.   Additional Responsibilities

 

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

    • not to install the Woosh Softphone on more than one PC per Woosh Phone Line (for example, if you have two PCs at home, you must purchase a second Woosh Phone Line from us to be able to install the Software Phone on the second PC).
    • unless otherwise agreed, not connect to the Woosh network over more than one item of Woosh equipment (for example, either a Woosh modem or PC Card). Woosh reserves the right to charge you for any simultaneous connection.

 

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

(see Charges and Fees for details)

 

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

    • Local calls - Direct dial local calls are free with Woosh Wireless and Woosh Wired telephone lines.
    • Toll calls - A toll call is any call you make that is not a direct dial local call. This includes, but is not limited to regional, national, international and calls to mobile phones. All connected toll phone calls are charged at the published rate by rounding each call up to the nearest minute.
    • Premium calls - If you call an 0900 number or make a directory services or operator assisted call, you will be charged the rate as published by the network operator that provides that number (for example, Telecom).

 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 will apply. See Charges and Fees for details.

 

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:

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

 

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:

  • 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.

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

  • 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 $149.95 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, a minimum $124.95 fee for an aborted visit will apply.
    • As per clause 4 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.

 

8. Notices and Payment

    1. Any invoices or notices from us will be sent to your contact details, mainly your email address, supplied by you when signing up with us. You agree to update these details if needed and any invoices or notices sent by Woosh will be deemed received.
    2. All payments to Woosh are to be made by either Direct Debit or Credit Card. In order to facilitate this you agree to supply us with either a valid bank account or credit card number at all times.
    3. All Plan charges are payable in advance, except when certain Services are consumed within the same month , e.g. toll calls, data top-ups etc., in which case you will be invoiced for these the following month.
    4. All invoices will advise of a due date for payment. If payment is not received by that due date, Woosh reserves the right to take the following actions without prior notice:

      • Charge you a late payment fee.
      • Suspend and/or restrict your Services until all due payments are received. You will continue to be billed for all services during this period. Your contract may also be extended to match the length of time your account is suspended.
      • Disconnect your services, at which point you will be required to pay the entire balance on your account as well as a Reconnection Fee (Charges for Reconnection) in advance before we process your reconnection. Woosh will not be liable for any resulting loss of services or data, including but not limited to, your emails, Contacts, Phone Numbers, Domains and/or Homepages.
      • Terminate your account and start recovery of any outstanding amounts with a Debt Recovery Agency. Further collection costs could be added by the Agency and this may affect your credit rating for up to seven (7) years. You will also remain liable for any Early Termination and Equipment Non-return Fees due to cancellation for non-payment.
    5. If you believe there are errors in our invoicing, please call us on 0800 496 674 or e-mail accounts@woosh.com. Your query will be investigated and you will be updated with the result. If Woosh can find no error in the invoicing you will be expected to pay the amount in full. You may not withhold payment for any balance or charges that are not under investigation and Woosh reserve the right to enforce any above should these not be paid. You will have 42 days (6 calendar weeks) from the date of an invoice, to make this query. Any queries outside this time-frame will not be considered.

     

    8.1. Bond

     

    If for any reason you do not meet our credit criteria for a potential customer, Woosh may require a bond. Woosh do not need to disclose their credit policy.

     

    • The minimum amount for this bond is $60.00. Certain Services offered by Woosh may attract a higher amount.

    • This Bond is refundable only after termination of your account through Direct Credit or Credit Card once all balances, including but not limited to Plan, Equipment, Early Termination Fees, are paid in full. If not cleared, your bond will be deducted from your final balance.

    • This Bond will not be applied to cover the first month of connection.

    • Should any connection or Change of Mind fees apply and you decide to terminate your services with us, your bond will be used to cover these costs.

     

    8.2 Refunds

     

     

    Woosh may charge a refund administration fee when processing refund requests. Refunds may only be issued on accounts currently in credit with Woosh that have no outstanding equipment or pending charges.

     

    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. 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

12.1 Cancellation notice

  1.  

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

      • Call our contact centre and speak to a customer service representative; or
      • Send us a written request from “Customer Support” section of My Account
      • Email us a cancellation request to accounts@woosh.com. Your request must be sent from the same email address that your Woosh E-bills are sent to, and must contain your name, your account number, and the date on which you want your account to be cancelled.

     

    Your obligations when requesting to cancel your account:

      • We require a 30 day notice for all cancellation requests.
      • For billing purposes, the last day of service will be considered the 30th day from the date that your cancellation request was received.
      • 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.
      • Should you fail to notify us of cancellation, 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. We accept no liability for any charges that you will 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.

     

    12.2 Cancellation while awaiting connection and Change of Mind fee

     

     

    To cancel a wired connection that you’ve recently ordered you must contact us at least 24 business hours before the confirmed RFS (Ready for Service) date via a phone call to our office during business hours. A Change of Mind fee of $69.90 will apply. If you request to cancel the connection later than stated above, the cancellation is treated as that for an active and provisioned account and all relevant installation charges and a full cancellation fee will apply. Standard early account cancellation fees are listed in Charges section under “Standard Activation and Early Account Cancellation Fees” below.

    .

    12.3 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.

     

    12.4 Standard Activation and Early Account Cancellation Fees

    1. If our contract with you for Services is on a fixed term basis, and that contract is terminated for any reason, before that fixed term has expired, Termination does not affect your liability for any existing outstanding charges, early termination and/or administrative charges which will still be payable by you.

    2. All Equipment supplied by Woosh must be returned upon Termination or fees, as per s4.1 will be incurred by you. This condition does not apply to those Customers on the “Limitless” Plan. 

    3. Any promotional, discounted and/or business plans may attract termination charges that are specific to that promotion, discounted plan or business plan and differ from those outlined below. 

    4. All charges incurred by you will be expected to be settled, in full, within 5 working days from the date of Termination. We may be able to provide payment options before engaging Debt Collection Services, so contact our Call Centre to discuss any option available to you, within 5 working days.

     

13. Reconnection Due to Change of Address

13.1. 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.

13.2. Wired Broadband Service

 

By changing address you are terminating your original contract with Woosh and commencing a new contract term. If you change your address, you may be able to take your Wired Broadband Service with you. If your current plan is no longer unavailable for sale, 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 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. A new contract and a reconnection fee will apply. See Charges and Fees for details. If additional wiring is required at the new address, a wiring installation charge may apply.

14. 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.

 

15. 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, movies or software.
    • 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


16. 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

    • 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 selected Woosh Calling plans in conjunction with selected Wireless, Wired and Unzipped broadband plans
    • 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.

17. 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.

18. Legal Framework

 

The following legal frameworks apply to these Terms

 

18.1. 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.

18.2. 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.

18.3. 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.

18.4. Privity

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

18.5. 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.

18.6. 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 theTelecommunications Dispute Resolution Scheme.

TDR Logo 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.