Wireless Nation Mobile Phone Services Terms of Service

These Terms of Service (in short referred to as “Mobile Phone Terms”) were last updated on 18 September 2023.

1. THESE TERMS

1.1 These terms and conditions set out the basis on which Wireless Nation Limited provides mobile phone connectivity to their customers.

1.2 Additional terms apply to the customer’s use of some of Wireless Nation’s services. If so, Wireless Nation will tell the customer what those terms are – these additional terms will generally be incorporated into the Final Proposal. If there is any conflict between these terms and any additional terms, the additional terms will prevail.

1.3 Wireless Nation’s general Terms of Service apply. If there is a conflict between these terms and Wireless Nation’s general Terms of Service, the Wireless Nation Mobile Phone Terms of Service will prevail.

2. INTERPRETATION

2.1 “agreement” means the Final Proposal and these terms and conditions.
“customer” means the Wireless Nation customer who is liable for the costs under this agreement.

“Auto-Buy Roaming Pack” means a roaming pack supplied by Wireless Nation comprising of a bundle of minutes, data and text messages that lasts up to 14 days before expiring.

“Wireless Nation” means Wireless Nation Limited, Level 1, 2 Fred Thomas Drive, Takapuna, Auckland 0622.

“Equipment” means any equipment supplied by Wireless Nation or a third party to the customer for the provision of Services from time to time.

“Final Proposal” means the document signed by the customer or the online form completed by the customers on our website or the verbal order of services via a phone call to Wireless Nation that sets out the services to be provided by Wireless Nation, the length of the contract and the cost of the services.

“Mobile Device” means any mobile hardware other than SIM cards (including but not limited to handsets and accessories).

“Roaming” means using the cell phone network of another provider in an overseas country or on aeroplanes or ships.

“Services” means any or all of the services that Wireless Nation have agreed to provide the customer as set out in the Final Proposal and as varied from time to time.

“Website” means www.wirelessnation.co.nz.

3. COMMENCEMENT OF AGREEMENT

3.1 This agreement commences from the date the services are commenced/installed and continues until it is terminated pursuant to this agreement.

4. WIRELESS NATION’S SERVICES

4.1 If required and at the discretion of Wireless Nation, Wireless Nation may sub-contract other carriers to provide part of any Service.

4.2 Wireless Nation will use all reasonable endeavours to make the Services available to the customer at all times. However, due to the nature of telecommunications and the reliance placed on networks and services owned by other people, Wireless Nation cannot guarantee that the Services will always be available or fully functioning. If the Services are unavailable for any reason Wireless Nation will endeavour to restore the Services as soon as possible.

4.3 While Wireless Nation takes all reasonable security precautions, due to the nature of telecommunications services Wireless Nation cannot guarantee the confidentiality of any calls or transmissions the customer makes using the Services.

4.4 Wireless Nation may suspend or restrict any of the Services at any time if:

(a) Wireless Nation considers it necessary to protect or maintain their network or anyone else’s network; or

(b) Wireless Nation believes that the customer has breached any of their terms and conditions. Network charges will still apply during the period of any suspension, and if the Services are suspended because of a breach by the customer, Wireless Nation may charge the customer a reconnection fee if the Services are recommenced.

5. CHARGES

5.1 Wireless Nation will invoice the customer monthly for the Services. Fixed recurring charges are invoiced in advance and must be deposited in Wireless Nation’s account no later than the day before the month the charge relates to starts. The customer agrees to set up Direct Debit or allows Wireless Nation to direct debit the customer’s credit card for any charges that are due on the second to last business day before the due date. Wireless Nation reserves the right to charge 2.5% extra for credit card transactions.

5.2 If the customer does not pay any invoice on the due date, Wireless Nation may:

(a) charge the customer interest on the overdue amount from the due date until the date the customer pays, at the rate of 4% per month; and

(b) withhold any rebate, discount or similar incentive which would otherwise be available to the customer; and

(c) suspend or restrict the customer’s service; and

(d) recover from the customer any debt recovery and/or litigation costs.

5.3 Usage-based charges (such as toll calls) are payable in arrears.

5.4 If at any time, or in respect of any period, the customer uses more than the allocated Services that they have contracted to purchase/use for that time or period, the customer will be charged and must pay for any excess Services used.

5.5 Wireless Nation may vary the charges from time to time. If any charge increases, Wireless Nation will give the customer reasonable notice of the increase.

5.6 If the customer believes the invoice contains a mistake, the customer must advise Wireless Nation in writing within 7 days of the date of the invoice. The customer may only withhold payment of the disputed part of the invoice. If Wireless Nation agrees there has been a mistake on the invoice, Wireless Nation will apply the appropriate correction to the customer’s account. If Wireless Nation finds that no mistake has been made, the customer must immediately pay the invoice without set-off or deduction and if payment is made past the due date the customer must also pay penalty fees for late payment be.

5.7 Wireless Nation may at its discretion impose a credit limit on the customer’s account.

5.8 If the customer breaches any term of this agreement, and Wireless Nation incurs costs as a result, the customer will be liable for those costs and must reimburse Wireless Nation on demand.

5.9 All freight charges will be charged back to clients.

5.10 All pricing shown in quotations, on the website, given on the phone and on the Final Proposal are inclusive of GST unless otherwise stated.

5.11 All charges are shown in New Zealand Dollars (NZD) unless otherwise stated.

6. USING WIRELESS NATION’S SERVICES

6.1 The customer agrees that they will not use the Services or permit the Services to be used in any way which:

(a) breaks any laws or infringes anyone’s legal rights;

(b) could interfere with or damage Wireless Nation’s network, any other operator’s network, or another customer’s enjoyment of Wireless Nation’s services;

(c) is malicious, obscene or offensive; or

(d) could introduce anything (including any virus) that may harm Wireless Nation’s or any third party equipment or software.

6.2 The customer agrees that they will:

(a) comply with any reasonable restrictions imposed or instructions or directions given by Wireless Nation regarding the use of the Services;

(b) ensure that all information the customer gives Wireless Nation is correct. Where any information the customer has previously supplied to Wireless Nation changes (such as contact details) the customer must provide Wireless Nation with updated information as soon as possible;

(c) not use any handset or other equipment that is not specifically approved by Wireless Nation or relevant upstream providers for use on its network;

(d) indemnify Wireless Nation against any legal action taken against it in connection with the customer’s use of the Services;

(e) not use the Services to spam, mail bomb, upload or publish any offensive or unlawful material, harvest information about others, create a false identity, transmit or upload material which breaches any third party right (including any intellectual property right), discriminates against any person or group, is false, inaccurate, misleading or deceptive or similar activity;

(f) keep confidential any password or PIN number which is used by the customer to access the Services. Wireless Nation recommends that the customer change these on a regular basis for security reasons. The customer must change their password or PIN number if asked to do so;

(g) authorise Wireless Nation to act on any verbal instructions the customer gives it in relation to the Services. The customer should notify Wireless Nation which of their staff are authorised to make changes to their account;

(h) allow Wireless Nation employees and contractors access as and when they reasonably require (and the customer must obtain any necessary consents to provide such access) if Wireless Nation needs to install equipment and carry out work at the customers premises. If the customer does not allow Wireless Nation employees and contractors to access their premises, the customer’s ability to use the Services may be adversely affected; and

(i) make sure nothing is connected to Wireless Nation’s network unless it has a Telepermit or is otherwise approved by Wireless Nation. This helps to ensure that the customer’s Mobile Device does not damage the network, although this does not mean that the network will always remain compatible with the customer’s Mobile Device.

7. MOBILE SERVICES

7.1 This clause applies if Wireless Nation provides mobile services to the customer.

7.2 If the customer downgrades or cancels the mobile pricing plan on any of their mobile Services, then the customer may be liable to pay administration and/or early termination charges as described in clause 15.2 below in respect of those mobile Services. If the customer upgrades their plan there will be no administration charge and the new plan will take effect from the 1st of the following month.

7.3 Mobile connections on a term commitment will automatically revert to the advertised open term pricing after the initial term has expired. At this time there will be the opportunity to revisit the pricing and term.

7.4 Mobile Voice Plans:

(a) If the customer’s mobile voice plan includes any bundled minutes and the customer does not use all of their bundle of minutes in any month the unused portion at the end of the month cannot be carried forward or redeemed. Bundled minutes do not include calls to international numbers, 0900 calls, operator assisted and directory related services and calls to special numbers.

(b) All mobile to landline (national and international) and mobile to mobile calls made within New Zealand are calculated to the nearest second at 1/60th the appropriate per minute rate, then rounded up to the nearest cent. There is a one minute minimum charge for all calls.

(c) All international roaming calls, operator assisted calls and calls to 0900 numbers are charged on a minute plus minute basis.

7.5 Mobile Data and Mobile Group Data:

(a) Data used in each data session will be charged against the customer’s data plan allowance in whole 10KB packets, with part packets rounded up. Megabyte usage is based on the amount of data transferred (both uploading and downloading).

(b) If the customer’s mobile data or group data plan includes any bundled megabytes, and the customer does not use all of their bundle of megabytes in any month the unused megabytes at the end of the month cannot be carried forward or redeemed.

(c) All mobile to landline (national and international) and mobile to mobile calls made within New Zealand are calculated to the nearest second at 1/60th the appropriate per minute rate, then rounded up to the nearest cent. There is a one minute minimum charge for all calls.

(d) All international roaming calls, operator assisted calls and calls to 0900 numbers are charged on a minute plus minute basis.

7.6 BlackBerry Data:

(a) Data used in each data session will be charged against the customer’s data plan allowance in whole 5KB packets, with part packets rounded up. Megabyte usage is based on the amount of data transferred (both uploading and downloading).

(b) If the customer’s BlackBerry plan includes any bundled megabytes, and the customer does not use all of their bundle of megabytes in any month the unused megabytes at the end of the month cannot be carried forward or redeemed.

(c) All mobile to land (national and international) and mobile to mobile calls made within New Zealand are calculated to the nearest second at 1/60th the appropriate per minute rate, then rounded up to the nearest cent. There is a one minute minimum charge for all calls.

7.7 DigiShare Mobile Plans:

(a) The DigiShare Mobile Plan is available to businesses with 5 to 300 mobile phones and data connections at Wireless Nation’s sole discretion.

(b) Voice connections include unlimited NZ/AU minutes and texts together with a share of a selected (5GB to 300GB) shared data bucket.

(c) The size of the shared data bucket can be increased or decreased effective on and from the first day of the month following a change request.

(d) Data buckets can only be purchased in pre-defined sizes (e.g., 5GB, 10GB, 15GB) and the data bucket size in GB must be greater than or equal to the number of devices connected to the data bucket (e.g., where there are 8 connections the data bucket size must be at least 10GB).

(e) Voice and/or data connections can be added or removed effective on and from the day of the month the change was requested.

(f) The pricing for DigiShare Mobile Plans is available upon request.

(g) Changes in pricing during a month will be reflected in the following month’s invoice.

(h) Pricing reflects a per voice and data connection and an amount per GB in respect of each shared data bucket (determined in each case on a monthly basis).

(i) Wireless Nation roaming rates and subscriptions apply.

7.8 The customer acknowledges that the mobile Services use radio signals and that the mobile Services may be interrupted due to interference to those radio signals. Mobile Service quality will vary with geography and other factors.

7.9 The customer acknowledges that access to the mobile Services is dependent upon their equipment and hardware. If the products used by the customer do not support all of the mobile Services, Wireless Nation are under no obligation to ensure the customer’s access to those Mobile Services.

7.10 If at any time, or in respect of any period, the customer uses more than the allocated mobile Services that they have contracted to purchase/use for that time or period, the customer will be charged and must pay for any excess mobile Services used.

7.11 All mobile Services are subject to the fair use policy set out in this clause:

(a) The customer agrees that their use of the mobile Services must be fair, reasonable, and not excessive, as reasonably determined by Wireless Nation from time to time by reference to the average customer profiles and estimated customer usage of the Wireless Nation or its upstream provider’s mobile Services.

(b) If the customer’s usage of the mobile Services materially exceeds estimated use patterns over any day, week or month (or other period of time as determined by Wireless Nation) or is inconsistent with normal usage patterns, then, in addition to potentially being liable for excess usage charges, the customer’s usage may be excessive or unreasonable.

(c) Wireless Nation’s mobile Services and mobile voice plans are offered for individual and private and personal use by the customer only.

(d) No mobile Service allows for activities aimed at making profit or reselling the mobile Service or using the mobile Services in an unfair or excessive way and any such use of the mobile Services is a breach of this agreement.

(e) For the avoidance of doubt, fair use of the Wireless Nation mobile Services excludes activities such as auto-dialling, continuously call forwarding, tele-marketing, call centres and use of Cellular Trunking Units (including SIM boxes and GSM gateways).

(f) If Wireless Nation is of the view that the customer’s use of the mobile Services is excessive or unreasonable, it may contact the customer to advise them. If the customer does not alter their usage of the mobile Services after a request to stop, Wireless Nation may, without further notice, charge the customer for the excessive and/or unreasonable element of the customer’s usage or suspend, modify or restrict use of the customer’s mobile Services or withdraw access to the mobile Services.

7.12 Endless mobile data plans are designed and priced for customers to use up to the stated number of GBs on their chosen plan, while permitting occasional excess data consumption without additional cost. Endless mobile data plans are subject to the following fair usage policy:

(a) Fair usage is defined as the number of full speed GBs stated on a customer’s chosen data plan. E.g. if a customer has purchased a 40 GB endless data plan, their fair usage limit in one month is 40 GB.

(b) Where a customer’s data usage goes above the fair usage limit more than two months in a row, we may ask the customer to upgrade to a higher plan or adjust their usage patterns.

(c) If a customer’s usage remains excessive or unreasonable after receiving a request from Wireless Nation to reduce their data usage or alter the nature of such usage, we may restrict, suspend or cancel the Service without any prior notice to the customer.

8 ROAMING

8.1 Roaming and Auto-buy Roaming will be enabled for our mobile phone services automatically from 1 October 2023.

8.2 An Auto-Buy Roaming Pack will automatically be added to your account when using your mobile phone service in countries where roaming packs are available unless you advise Wireless Nation in writing or by telephone at least 3 working days ahead of time that you would like this disabled.

8.3 A roaming pack lasts up to 14 days from when the Auto-Buy Roaming Pack is activated.

8.4 Additional Auto-Buy Roaming Packs will be added consecutively as soon as one component of the Auto-Buy Roaming Pack is used up, whether that be the data, calls or texts.

8.5 Current pricing for both Roaming and Auto-Buy Roaming Packs can be found on our website.

9.-13. Clauses deleted – not applicable

14. PHONE NUMBERS

14.1 Unless Wireless Nation has agreed otherwise in writing, all addresses, phone numbers, electronic addresses and other codes allocated to the customer remain the property of Digital Island.

14.2 Wireless Nation may be required by law or for operational reasons to change the phone number(s) or electronic addresses allocated to the customer. If this is necessary, Wireless Nation will give the customer as much notice as reasonably possible of any such change.

15. Clauses deleted – not applicable
16. CONSUMER GUARANTEES ACT AND LIMITATION OF LIABILITY

16.1 The customer agrees that, if they are using the Services for the purposes of a business, the Consumer Guarantees Act 1993 statutory guarantees do not apply to their connection or the Services to the maximum extent permitted by the legislation. The customer agrees (whether the customer is using the services for the purposes of a business or otherwise) that Wireless Nation excludes and do not have any liability of any kind (whether in contract tort or otherwise) to the customer or anyone claiming through the customer, relating to any economic loss, loss of profits or revenue, loss of data, lost business or missed opportunities, wasted expenditure or savings the customer might have had or any form of indirect or consequential loss or damage whatsoever arising from:

(a) the customer’s connection to the Wireless Nation network or the content or supply of any Services;

(b) the customer’s use of the Mobile Device;

(c) the failure, interruption or delay in the supply of, any Services or any part of them or any negligence in this regards;

(d) the fitness of all or any of the Services or Equipment for any particular purpose;

(e) errors in or omissions from any directory listing;

(f) the inaccurate or incomplete transmission of any call or any email;

(g) any other matter which relates to this agreement.

16.2 Wireless Nation’s liability to the customer under or in connection with this agreement, for any loss or damages which the customer incurs as a direct result of Wireless Nation’s failure to meet any of it’s obligations under this agreement or for any negligence by Wireless Nation in relation to the supply of the Services, will be limited to the value of 3 average months’ Services used by the customer under this Agreement for all events occurring in any 12 month period.

16.3 If the customer uses another service provider’s services during any period when the Services are not fully operational, Wireless Nation is not liable to pay or reimburse the customer for any amount the customer may be charged by that service provider.

16.4 No other network operator and/or third party supplier (including their officers, employees, contractors and agents) will be liable to the customer for loss or damage of any kind arising from the customer’s use of the Services. This clause creates a right and benefit that other network operators and/or suppliers can enforce as a defence to any claim.

16.5 Apart from the warranties expressly given to the customer in this agreement, all other warranties, express or implied, are excluded to the extent permitted by law.

17. PRIVACY

17.1 The customer may at times supply Wireless Nation with personal information, for example, when the customer applies to become a customer of Wireless Nation. Wireless Nation may also obtain personal information from the customer’s use of the Services.

17.2 The customer agrees that Wireless Nation may:

(a) use the customer’s personal information and, where Wireless Nation deems appropriate, disclose it to third parties if this is required for it to provide the customer with the Services; for credit checking and collection; and/or to communicate with the customer about Wireless Nation’s current and future services;

(b) share information about the customer and their use of Services with other third party suppliers to provide the Services and to comply with interception, capability, security, fraud investigation co-operation or emergency response requirements; and

(c) Wireless Nation’s third party suppliers may use information about the customer and their use of the Services for the purposes described in (b) above.

17.3 Any personal information Wireless Nation collects is kept at their offices at Level 1, 2 Fred Thomas Dr, Takapuna, Auckland. The customer is entitled to see any information Wireless Nation holds about them and to request that any incorrect information be corrected.

17.4 Wireless Nation may record or monitor calls between it and the customer to verify information and for staff training purposes.

18. CHANGING THESE TERMS/VARIATIONS TO CUSTOMERS CONTRACT

18.1 Wireless Nation may vary these terms from time to time in line with the provisions of Wireless Nation’s Terms of Service.

19. SERVICES PROVIDED BY THIRD PARTIES OVER THE NETWORK

19.1 Wireless Nation takes no responsibility for the accuracy, completeness or currency of any content or material or services that the customer may access or have provided to the customer by a third party through the Services or for any charges that the customer may incur by their use of such content, materials or services.

19.2 Wireless Nation are not responsible for:

(a) ensuring that the information the customer accesses or makes available through using the Services will be private or secure or free from viruses or other harmful things;

(b) any transactions the customer enters into through use of the Services or any dealings between the customer and any advertisers or other third parties using the Services or the customer’s participation in any promotions;

(c) any delay in receipt of information the customer selects for transmission to their mobile phone; and

(d) fixing any faults in any part of the Internet beyond Wireless Nation’s network.

20. – 21. Clauses deleted – not applicable.

22. FORCE MAJEURE

22.1 Wireless Nation will not be liable for any delay or failure of the Services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event.

 

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