2DEGREES BUSINESS TERMS AND CONDITIONS

Transcription

1 2DEGREES BUSINESS TERMS AND CONDITIONS The following terms and conditions apply from 5 July 2011 (and amend and replace the terms and conditions titled Pay Monthly Business Terms and Conditions dated 11 May 2011) Applicable to 2degrees Business Customers only 1. These specific terms and conditions apply in addition to the 2degrees Pay Monthly Terms and Conditions. These specific terms and conditions will prevail in the event of any inconsistency between these terms and conditions and the Pay Monthly Terms and Conditions. 2. The rates and conditions below apply when you use your Mobile Phone (or other device) in New Zealand. 3. The following definitions apply in addition to the definitions set out in the Pay Monthly Terms and Conditions: 2degrees Business Account means an Account with one or more Team Members; Account Holder means the individual you appoint to manage your 2degrees Business Account; Business Account Owner means an Account Owner that is a commercial entity (being a company, partnership, trust, incorporated society, government agency, or such other entity authorised by us in our discretion) that is responsible for, and liable for all Charges payable under, the 2degrees Business Account; Business Bonus means the handset (or other) subsidy that is provided in accordance with these terms and conditions on signing up to a Business on a 12 or 24 month term; Business means a under a 2degrees Business Account; Team means all Team Members under a 2degrees Business Account; Team Member means an End User under a 2degrees Business Account that is connected to the Services under a Business ; and you means the Business Account Owner and your shall have a corresponding meaning. 4. You must appoint an Account Holder prior to Activation of your 2degrees Business Account. Your Account Holder must be a Team Member under your 2degrees Business Account. You remain liable for all actions or omissions of the Account Holder in respect of your 2degrees Business Account. You may change your Account Holder at any time by written notice to us. 5. Each Team Member must be an owner, director, partner, employee or other officer of the same Business as the Account Holder. 6. A Team Member who is not already a Pay Monthly customer will be required to choose a Business on a month to month, 12 month or 24 month term (see paragraph 21 below) and the terms and conditions of that will apply to the use of the Services by the Team Member. The Business Bonus will only apply to activation of any new under a 2degrees Business Account. 7. A Team Member who is already a Pay Monthly customer can transfer their existing Pay Monthly to your 2degrees Business Account. On transfer of an existing Pay Monthly to a 2degrees Business Account, that Team Member s will change to a Business (with the same Charge and remaining term), the Team Member s Pay Monthly will be cancelled and all accrued entitlements under that will be lost. The Team Member will not be eligible for a new Business Bonus. If a Team Member is transferring their existing fixed-term (i.e. on a 12 month or 24 month term) then the remaining term of their will apply after the transfer (e.g. if a Team Member is in the third month of their 12 month on transfer of that into a 2degrees Business Account, the remaining term for that will be 8 months). There will not be any early termination charges payable for transferring an existing Pay Monthly into your 2degrees Business Account as a Business, provided the Charge and term remain unchanged.

2 8. If a Team Member wishes to change their Pay Monthly to a Business with a lesser monthly charge on transfer to a 2degrees Business Account then that Team Member will be liable to pay the transfer charge as set out at paragraph 71 below. Any change of a Team Member s after the Team Member is transferred to your 2degrees Business Account will be your responsibility and you will be liable for any transfer charges as set out at paragraph 71 below. 9. From the date a Team Member transfers their Pay Monthly to a Business under your 2degrees Business Account, that Team Member will be released from, and you will assume, all of the Team Member s obligations under the Business in relation to the Services. 10. You are responsible for the use of Services by each Team Member, as well as all Charges generated by each Team Member in respect of their connection to the Services. 11. Team Members under a 2degrees Business Account can be on different Business s and on different terms (e.g., month to month, 12 months or 24 months). 12. Activation of a Team Member s Business under your 2degrees Business Account will be at the discretion of 2degrees. 13. You may at any time request that a new Team Member be added to your 2degrees Business Account. If you do so, we may require you to undergo a further credit check, or we may require a further security deposit or personal guarantee from you and/or impose other conditions in respect of your 2degrees Business Account. 14. We may refuse the activation of a new Team Member under your 2degrees Business Account if you have any outstanding Charges or any other overdue payment in respect of your 2degrees Business Account. 15. You may at any time request a change of ownership of your 2degrees Business Account to a new Business Account Owner. Prior to effecting any change of ownership we will require the new Business Account Owner to pass our credit check and 2degrees Business Account process and procedures. Any change of ownership will be effective on the Billing Date following the date on which we inform you in writing that we accept the change of ownership and you remain liable for all Charges incurred up to your final Billing Date. 16. We will allocate you a Billing Date upon Activation of your 2degrees Business Account. The Charges in respect of each Team Member s Business will be pro-rated from the date their Business is activated under, or transferred into (as the case may be) your 2degrees Business Account to align with your Billing Date. 17. We may set a credit limit on your 2degrees Business Account and may suspend your 2degrees Business Account or Team Member if that limit is exceeded. We will send you a warning and text when you are close to exceeding your credit limit, however we are not liable if you do not receive the and/or text. 18. We may allow you to set spending limits for each individual Team Member in respect of their use of any of our Services. 19. You acknowledge and agree that you are liable for any action or omission of a Team Member in respect of that Team Member s use of any of our Services as if that action or omission was made by you. You agree and acknowledge that any request by a Team Member in respect of their Business, or any other Service, has been authorised by you, including but not limited to the purchase by a Team Member of any Value Pack or other Service on their. 20. We may change the Benefits of any Business at any time at our discretion. We will do our best to notify you before we make any changes to the Benefits applicable to a Team Member s Business. We will not be liable to you if you do not receive any such notification. New Benefits will be applied to the relevant Business (s) under your 2degrees Business Account from the Billing Date following the effective date of the change to the Benefits.

3 Business s 21. Subject to these terms and conditions, each of your Team Members may sign up to the following Business s on a month to month, 12 month or 24 month term: Name Charge (per month) incl GST excl GST Anyone Minutes (any-net Carryover Minutes) Benefits Anyone Texts (any-net texts) National Data (MB) Business Bonus 12 month term 24 month term Business $29 $29 $ $60 $85 Business $39 $39 $ $75 $110 Business $59 $59 $ $100 $170 Business $89 $89 $ $150 $220 Business $129 $129 $ $200 $370 Business $149 $149* $ Included* $200 $370 (*see paragraphs 39 to 46 below) Anyone Minutes 22. Anyone Minutes are valid for voice calls to any standard landline or mobile in NZ. 23. Anyone Minutes are allocated to each Business under your 2degrees Business Account on your Billing Date. Unused Anyone Minutes can be carried-over for up to 12 months and will expire on the day prior to the first anniversary of the Billing Date on which the minutes were first allocated to you. 24. If any of your Team Members consume all of their Anyone Minutes while they are on a call, you will be charged our standard per minute rate of 44 cents per minute (to any standard landline or mobile in NZ) for the remainder of the call and for any subsequent calls until the Team Member is allocated further Anyone Minutes on your next Billing Date. Please see our Standard Rate Terms and Conditions for further information. 25. Anyone Minutes cannot be used to make calls to premium rate numbers (for example 0900, 018 or voic , where applicable). 26. All calls are rounded up to the next whole minute. Anyone Texts 27. Anyone Texts are valid to any standard NZ mobile number. 28. Anyone Texts are allocated to each Business under your 2degrees Business Account on your Billing Date and are valid for one month, expiring on your next Billing Date. 29. If any of your Team Members consume all of their Anyone Texts in any month you will be charged our standard rate of 9 cents per text (to any-network in NZ) until the Team Member is allocated further Anyone Texts on your next Billing Date. Please see our Standard Rate Terms and Conditions for further information.

4 National Data 30. National Data will be allocated to each Business under your 2degrees Business Account on your Billing Date and is valid for one month, expiring on your next Billing Date. 31. If any of your Team Members consume all of their National Data in any month you will be charged our out-of-bundle standard rate of 50 cents per MB until the Team Member is allocated further National Data on your next Billing Date. Please see our Standard Rate Terms and Conditions for further information. 32. Data usage per session is rounded up to the nearest 5KB increment. Minimum data usage per session of 20KB applies. Business Bonus 33. The Business Bonus is available to customers who sign up to a 12 month or 24 month Business. The Business Bonus is not available to customers who sign up to a month to month. The value of the Business Bonus is set out in paragraph 21 above. 34. The Business Bonus can be redeemed as a discount on the price of a handset at a 2degrees store or retailer at the time you sign up to a 12 month or 24 month. 35. If the value of your Business Bonus is greater than the price of your chosen handset, or you decide not to purchase a handset, then you may be issued a store voucher for the amount of your remaining Business Bonus entitlement. 36. The store voucher is redeemable on any item offered for sale in the store at which signed you up to the Business. 37. Store vouchers will be subject to the terms and conditions applied by the store that issued the store voucher to you. Refer to the store voucher or contact the store for further information. 38. The Business Bonus is not available in conjunction with any other mobile subsidy offered. Business $ The terms and conditions set out below apply to the Business $149 in addition to the general terms and conditions set out at paragraphs 21 to 32 above. 40. On paying the monthly Charge for the Business $149 any Team Member under your 2degrees Business Account on the Business $149 will be allocated all standard national minutes at 0 cents per minute to any standard mobile or landline in New Zealand each month. The Team Member must remain on the Business $149 to retain their minutes. 41. Notwithstanding paragraph 25 above, Anyone Minutes under the Business $149 may be used to make calls to voic . All other premium rate numbers (for example 0900 or 018) are excluded. 42. Our Fair Use Policy applies to the Business $149. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Pay Monthly Terms and Conditions and is published by us at You will receive a discount on your Charges in respect of each Team Member that is signed up to the Business $149 under your 2degrees Business Account in accordance with the table below:

5 Number of Team Members on Business $149 Discount per Team Member Discounted $149 Charge per Team Member Including GST Excluding GST 1-5 None $149 $ $10 $139 $ $20 $129 $ $30 $119 $ A discount is only available in respect of the Business $149, and shall not apply to a Team Member that is signed up to any other. 45. The discount will be calculated each month on the number of active Team Members on the Business $149 as at the time of Billing. 46. If during your Billing cycle a Team Member changes to the Business $149 from their existing, your discount will be pro-rated from the date the change of is affected up to the following Billing Date. Free Calling Group 47. Each of Team Members will be entitled to zero rated calling between the Team ( Free Calling Group ). Zero rated calling in the Fee Calling Group will only apply where calls are made from a Team Member s Mobile Phone Number associated with the 2degrees Business Account to another Team Member s Mobile Phone number associated with the same 2degrees Business Account. 48. Notwithstanding paragraph 47 above, you acknowledge that the following call types are not eligible for zero rated calling within the Free Calling Group and will incur our standard Charges: (a) (b) (c) (d) (e) Roaming (zero rated calling will not apply if Team Member is roaming outside of New Zealand, or calling a Team Member that is located outside of New Zealand). Voic (except for the Business $149 where Anyone Minutes may be used to make calls to voic ) and 0508 freecall numbers and 018 numbers. Text messages (SMS and MMS messages sent between Team Members are charged at the rate applicable to each Team Member s ). 49. We may suspend or bar your Team Members from making zero rated calls within the Free Calling Group if you have any outstanding Charges or any other overdue payment in respect of your 2degrees Business Account. 50. Our Fair Use Policy applies to all calls between Team Members in the Free Calling Group. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Pay Monthly Terms and Conditions and is published by us at

6 Frequently Called Numbers 51. Subject to the approval of 2degrees, you may nominate up to five numbers (being standard New Zealand landlines and/or 2degrees numbers which are connected to the 2degrees Network) as frequently called Numbers ( FCNs ). 52. You and your Team will receive zero-rated calling when any of your Team call a FCN whilst in New Zealand. Calls to the FCNs whilst outside of New Zealand will incur additional charges. 53. There is a monthly charge of $10 (incl GST) for each FCN nominated by you. 54. You can change your FCNs once a month free of charge, simply by free calling 200 from your mobile. Further changes may incur fees. 55. Mobile numbers connected to another Mobile Telecommunications Provider cannot be an FCN. If a mobile FCN ports off the 2degrees Network, the number will be removed from your FCN list and all subsequent calls to that number will be charged at the standard rate applicable to each Team Member s. We will do our best to notify you of this change. We will not be liable to you if you do not receive any such notification. 56. We may suspend or bar your Team Members from making zero rated calls to the FCNs if you have any outstanding Charges or any other overdue payment in respect of your 2degrees Business Account. 57. Our Fair Use Policy applies to all calls from Team Members to FCNs. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Pay Monthly Terms and Conditions and is published by us at Termination of a Team Member or your 2degrees Business Account 58. You may request a Team Member to be terminated from your 2degrees Business Account at any time. We will disconnect the Team Member from the Services and remove them from your 2degrees Business Account on the Billing Date following your request. If your request is made on your Billing Date, the Team Member will be removed on your next Billing Date. You will be liable to pay us all Charges (including any early termination charges) in respect of that Team Member up to the Billing Date on which the Team Member is terminated from your 2degrees Business Account. 59. You will be required to pay us an early termination charge in accordance with paragraph 64 in respect of the Team Member you wish to terminate from your 2degrees Business Account where that Team Member is on a 12 month or 24 month Business and the termination takes place prior to the expiry that term. 60. You may not request that your Account Holder be terminated from your 2degrees Business Account without first appointing a new Account Holder. 61. If the Account Holder is the only Team Member remaining on your 2degrees Business Account and your 2degrees Business Account is inactive for reasonable period of time (as determined by us) we may terminate your 2degrees Business Account by terminating the Account Holder s connection to the Services. The termination of your 2degrees Account will occur on the next Billing Date and you will receive a final Bill on your final Billing Date covering the Charges (including any early termination charges) incurred up to your final Billing Date. You remain liable to pay us all Charges incurred up to your final Billing Date. 62. We may terminate a Team Member from your 2degrees Business Account at any time in accordance with the Pay Monthly Terms and Conditions. If the Team Member that we intend to terminate from your 2degrees Business Account is the Account Holder, you will be required to immediately appoint a new Account Holder to your 2degrees Business Account. 63. We may require you to pay early termination charges in accordance with paragraph 64 where we terminate any Team Member in accordance with paragraphs 61 and 62 above.

7 64. The amount of the early termination charge that you will be required to pay in respect of each individual Team Member that is terminated under your 2degrees Business Account will depend on when during that Team Member s fixed term Business the Team Member is terminated. Our early termination charges for Business s are set out below: 12 month : Early termination charges 24 month : Early termination charges Time of termination 0 to 6 months 7 to 12 months $29 $130 $90 0 to 6 months Time of termination 7 to 18 months 19 to 24 months $29 $260 $180 $90 Monthly charge of Team Member s Business $39 $59 $89 $129 $175 $265 $400 $580 $120 $180 $270 $390 Monthly charge of Team Member s Business $39 $59 $89 $129 $350 $530 $800 $1,160 $240 $360 $540 $780 $120 $180 $270 $360 $149 $675 $450 $149 $1,350 $900 $ Early termination charges are not subject to GST. 66. We will waive any early termination charges where you re-sign a Team Member s to a new 12 or 24 month term in the following periods: (a) (b) If the Team Member s Business is on a 12 month term, the Team Member s Business can be re-signed to a new term anytime within 60 days prior to the expiry of the 12 month term; and If the Team Member s Business is on a 24 month term the Team Member s Business can be re-signed to a new term anytime within 90 days prior to the expiry of the 24 month term. 67. Termination of a Team Member from your 2degrees Business Account, or termination of your 2degrees Business Account, will result in you losing all your Benefits as well as any other Service benefits under your 2degrees Business Account. Terminating a Team Member s month to month 68. If you have a Team Members on a month to month, you can terminate that Team Member s Business or switch that to Prepay at any time prior to your next Billing Date by calling Customer Care on 200. The termination of the Team Member s, or the switch to Prepay, will be effective on your next Billing Date. If your request for termination or switch is made on your Billing Date, the Team Member s Business will terminate or switch to Prepay on your next Billing Date. You will receive a final Bill on your final Billing Date covering your Team Member s final month charges and any other Charges incurred up to your final Billing Date.

8 Changing your 69. You can change a Business under your 2degrees Business Account to a new at any time by calling Customer Care. 70. If you change a 12 month or 24 month Business under your 2degrees Business Account to another Business of a lesser monthly charge within the first 6 months of the term you may be required to pay a transfer charge. 71. The amount of your transfer charge will depend on the monthly charge of the current and the monthly charge of the you wish to change to. transfer charges are set out below: transfer charge: 12 month transfer charge: 24 month Monthly charge of your new Monthly charge of your new $29 $39 $59 $89 $129 $149 $29 $39 $59 $89 $129 $149 $29 $29 Monthly charge of your current Business $39 $59 $89 $129 $15 $40 $90 $140 $25 $75 $125 $50 $100 $50 Monthly charge of your current Business $39 $59 $89 $129 $25 $85 $135 $285 $50 $110 $260 $50 $200 $150 $149 $140 $125 $100 $50 $149 $285 $260 $200 $ transfer charges are not subject to GST. 73. If you change a Business under your 2degrees Business Account to a new Business you will not be entitled to any new Business Bonus. 74. The transfer of a Business under your 2degrees Business Account will be effective on your next Billing Date. Your Bill will be adjusted to the new benefits from that Billing Date. We will apply your transfer charge on that Bill. 75. We may refuse to transfer a Business under your 2degrees Business Account if you have not paid all of the outstanding Charges relating to your 2degrees Business Account. Porting 76. The terms and conditions set out at paragraphs 76 to 83 apply where you are requesting any numbers be ported from another network provider into your 2degrees Business Account. 77. By requesting that a number be ported to your 2degrees Business Account, you confirm that you have the authority to request the porting of the number(s) and, where a number is not owned by the Business Account Owner, you confirm that you have the relevant consent from the individual who has rights to that number to request the porting of that number. 78. You agree that you have informed any individuals who wish to port their number into the 2degrees Business Account that, by porting their number, they relinquish all rights to that number. If they wish to port their number out of the 2degrees Business Account, they will need to obtain the authorisation from the Business Account Owner.

9 79. You agree that you have also procured from each individual their authority for 2degrees to collect, disclose and use their personal information in accordance with the 2degrees Privacy Policy and the Pay Monthly Terms and Conditions. 80. You further agree that 2degrees may collect information about the Business Account Owner and the way in which the Business Account Owner uses the Services and consent to 2degrees using such information in accordance with the 2degrees Privacy Policy and the Pay Monthly Terms and Conditions. 81. You understand that: (a) (b) (c) (d) (e) (f) you are porting the requested number(s) from the existing provider(s) to 2degrees. Team Members must use a GSM compatible handset to receive Services from 2degrees. by porting the requested number(s) to 2degrees the current services to those number(s) will be disconnected and the account(s) with the existing provider(s) may be finalised. you may continue to have outstanding obligations to the existing provider(s). It is your responsibility to check the terms and conditions of the contract(s) with the existing provider(s), in relation to the number(s) you wish to port, to find out if there are any outstanding obligations to the provider(s) and to discharge such obligations. porting the number(s) could incur additional costs or obligations to my existing provider, including early termination fees and/or porting fees. after porting the number(s) to 2degrees some of the services you currently receive may not be supported by 2degrees, or may be accessed in a different way. 82. You further agree that: (a) (b) (c) (d) (e) (f) (g) (h) If you change your request to port any number at any time it may affect the date the port is completed. Once the number porting process has started it must be completed. If you want to make any changes to part, or all, of your original port request after the porting process has begun, a new port request is required. 2degrees is not obliged to accept the porting request. 2degrees will supply relevant information about Team Members to the existing provider(s) in the porting number process. The information provided by you in relation to the porting request may be used for the delivery of services, fault management and handling any complaints you make. The information may also be provided to emergency services and as lawfully required by law enforcement agencies. 2degrees will not be liable for any loss or damage (direct or indirect) resulting from failure or delay in the porting process. After you have ported the number(s) requested, any Prepay credit balances with the existing provider may be lost. 83. You authorise 2degrees to port the number(s) requested from the existing provider to 2degrees.

10 General 84. Unless provided otherwise by the terms of a Business, all Services are charged at our standard rates. 85. Each Team Member s oldest voice and text benefits (whether Benefits or Value Pack Benefits) will be used first. 86. Your Team Member s Charges and Benefits will be pro-rated from the date of Activation of your 2degrees Business Account until your first Billing Date. 87. Your Team Members can purchase Value Packs on any Business. You will be responsible for Value Pack Charges. See the relevant Talk Pack Terms and Conditions, Text Pack Terms and Conditions or Data Pack Terms and Conditions for more information. 88. Any Value Packs purchased by any Team Member will commence on the date of purchase. Value Pack Charges will be included in your next Bill, and subsequent Bills where the Value Pack is recurring, from commencement until you or your Team Member end the Value Pack. 89. Because we charge for Services after you use them (in arrears) you will receive a final Bill on your final Billing Date covering your final month of Charges and all other Charges incurred up to your final Billing Date. 90. You will remain liable for all Charges incurred up to the date we end your 2degrees Business Account with us. 91. We may refuse to switch a Team Member under your 2degrees Business Account to a Prepay Account if you have not paid all outstanding Charges relating to that Team Member. 92. You will be able to view your 2degrees Business Account usage and Bills for 3 months after you end your agreement with us by entering your address (rather than your Mobile Number) together with your password in the Your 2degrees login screen. 93. Benefits cannot be transferred to any other person or to another account you (or any other person) may have with us. 94. We may change these terms and conditions from time to time. If we do this we will publish the amended terms and conditions on Please check regularly as continuing to use the Services after changes have been published will mean that you agree to these terms and conditions as amended.