1.1These terms and conditions set out the basis on which Megatel provides telephone and Internet services to our residential/business customers.

1.2Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.

2.1We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.

2.2We will be responsible for determining the manner in which the services are to be provided. For example, we may sub-contract other carriers to provide part of any service.

2.3We will use all reasonable endeavours to make our services available to you at all times. However our services rely on us using networks and services owned by other people. As a result we cannot promise that our services will always be available or fully functioning. If our services are unavailable for any reason we will endeavour to restore service as soon as possible. If you need assistance in using our services please call our support centre on 09 912 1200.

2.4While we take reasonable security precautions, due to the nature of telecommunications services we cannot guarantee the confidentiality of any calls or transmissions you make using our services.

2.5We can take any particular action or suspend our services at any time if:
I. We consider it necessary to protect or maintain our network; or
II. We believe that you have breached any of our terms and conditions.

2.6Network charges will still apply during the period of any suspension. In addition, if our services are suspended because of your breach, we can charge you a reconnection fee if services are to be recommenced.

2.7Up to date information about our current services can be found at www.megatel.co.nz

2.8In the event we intend to alter a service that we charge you for such that it materially affects you, and providing that you are readily identifiable, we will give you as much notice as possible, but no less than 10 working days.

3.1Service charges are based on the service you applied for and agreed upon either verbal contract or paper signed contract. We are entitled to issue the invoice for any additional charges that you have used within six months from the date the last invoice we have issued. This additional payment is not limited to the service charges that was originally included from issued invoice but also it includes the fee caused by any calculation errors and the fee we have not included on the issued invoice during regular internal audit process.

3.2You must pay our charges for the services we provide to you, regardless of whether you or someone else uses those services. We may vary our charges from time to time. If we increase any charge we will give you at least 15 working days notice. You can always check the latest available charges by calling customer services on 09 912 1200.

3.3We will invoice you for services we provide to you. However we may elect to carry forward charges to the next billing period if your usage is below a minimum level. Fixed charges are payable in advance. Usage based charges (such as toll calls) are payable in arrears. If we change the frequency of your billing we will give you at least 10 working days notice.

3.4You must pay each invoice within 19 days of the invoice date. If you do not pay any invoice within that time we may:
I. charge you interest on the overdue amount from the due date until the date you pay, at the rate of 5% per month; and
II. withhold any rebate, discount or similar incentive which would otherwise be available to you; and
III. suspend or restrict your service; and
IV. recover from you any debt recovery costs; and
V. contact debt collection agency to collect the outstanding debt; and
VI. require you to put in place a direct debit payment arrangement for payment

3.5If you wish to raise a genuine dispute regarding an invoice of ours you must do so in writing within 19 days of the date of the invoice. We will consider any issues raised in good faith and will promptly advise you of any resolution or amendment to our charges.

3.6Long term debtors can be subject to transfer its debt amount managed by credit managing company such as Baycorp and debtor liability for all the additional service charge. Legal action can be taken without any notice for those who have outstanding balance over three month.

3.7We may at our discretion impose a credit limit on your account.

3.8If you breach any term of this agreement, and we incur costs as result, then you must pay those costs if we require you to do so.

4.1You must not use our services in a way which:
I. breaks any laws;
II. infringes anyone’s rights; or
III. is malicious, obscene or offensive.

4.2If you use our residential/business voice services you cannot resell any services to another party. Our service can be used only for normal calling. This excludes activities such as auto-dialing, continuous call forwarding, telemarketing, Call Centres, fax or voicemail broadcasting. We reserve the right to immediately disconnect or charge our standard per minute rates if in our sole discretion we consider that your activity is inconsistent with normal residential usage patterns.

4.3You must keep confidential any password or PIN number which is used by you to access our services and we recommend that you change this on a regular basis for security reasons. You must also change your password or PIN number if we ask you to do so.

4.4You must comply with any reasonable restrictions we impose or directions we give regarding the use of our services.

4.5You must ensure that all information you give us is correct. Where any information you have supplied to us changes (such as contact details) you must provide us with updated information as soon as possible.

4.6If Megatel fail to contact customer using contact detailed that customer specified, Megatel can use contact detail that specified as a reference.

4.7Subject to any term commitment, you must notify us if you wish to terminate your non-code access to our services.

4.8You agree that we can act on any verbal instructions you give us in relation to the services.

4.9We may install equipment and carry out other work at a customer’s premises. If we do so at your premises, you must allow us and our contractors’ access as and when we reasonably require (and you must obtain any necessary consents to such access) for the purposes of installing, maintaining, monitoring and removing such equipment or carrying out such work.

5.1This clause applies if we provide Internet access services to you.

5.2You must not use a flat rate 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.

5.3If we disconnect you for one of the reasons set out in clause 5.2 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.

5.4You are responsible for downloading to your computer any email that you wish to keep. We may without notice to you remove any mail that remains on our servers for more than 90 days.

5.5You must not knowingly transmit any worms or viruses or use our services in a manner which is likely to or is intended to damage or compromise the security of our network or anyone else’s network.

5.6You must use our service in a reasonable and responsible manner and in accordance with established “netiquette”.

5.7You must not have more than one connection to our service using your user ID at any time. If for any reason you do have simultaneous connections we reserve the right to charge you $5.00 per hour (or part hour) for each additional connection.

5.8We do not control the information that can be accessed through the Internet. Accordingly we are not responsible for any inaccurate, illegal or offensive information which may be obtained from your use of our services. We are also not liable for any viruses or other harmful code which you download via the internet.

6.1This clause applies if we provide broadband internet access services to you.

6.2Our plan speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we rely on other providers to deliver data to or from our network we are unable to guarantee that these speeds will be available to you. Other issues beyond our control (such as problems with your phone line, or in the telephone network) may also result in you being unable to connect, or to send or receive data at those speeds. We cannot guarantee that our broadband services will always be available or that they can always be utilized for any particular purpose.

6.3You are responsible for all data used over your broadband or dial up connection. Megatel recommends that you have sufficient security in place to protect your network.

6.4If you are on an “uncapped” or “unlimited” plan the total amount of data you can upload or download is unlimited. We may use traffic prioritization policies for these plans and our capped plans at any time to improve the overall performance amongst our customers.
Other factors may influence the particular speeds or latency you can achieve to servers nationally and internationally. Our control of these speeds is limited to our own network. Connections to servers outside the Megatel network are on a “best effort” basis and it may not be possible for you to achieve your desired or expected speeds or latency where you are connecting to equipment outside our control.

6.5If your phone line is disconnected for any reason, we will be unable to provide a broadband service to you and this will mean that you have terminated our agreement for the provision of that service. If services are reinstalled, even on the same phone number, you may incur installation charges.

6.6If you change your address or phone line you will need to:
a. provide us with a minimum of 10 days notice of the change to minimize service disruption; and
b. cancel all current broadband services to avoid unwanted charges, even if the phone line is no longer valid.
Services must be reinstalled on the new phone line and even if you are maintaining your existing phone number you may incur installation charges. We will not always be able to supply broadband services on the new line or to that new address in which case you will have terminated our agreement for the provision of that service.

7.1We may from time to time supply equipment to you in connection with our provision of services to you. Where we do so, unless we agree otherwise, you hold the equipment as bailed only, and have no ownership rights to that equipment.

7.2You acknowledge we have supplied to you any equipment specified in your application form.

7.3You must return to us upon termination of this agreement all equipment which we supply to you. If you do not return any item of equipment to us within 30 days of termination of this agreement then you must pay us on demand the full cost of that item of equipment. You must also meet any repair or replacement costs if the equipment is damaged, lost or destroyed while under your control. In the case of faulty equipment, Megatel will bear the cost of returning equipment for repair.

7.4If requested by us, you will sign a document which identifies the equipment we supply to you. You will also sign any other document and provide us with any other information which is reasonably necessary for us to register a financing statement in respect of the equipment we supply, in terms of the Personal Property Securities Act

8.1Any phone number that we allocate to you does not become your property. If we need to change your number we will give you as much notice of the change as we can.

8.2If you wish your details to be available through directory assistance and/or in the phone book then we will pass your name, number and address to Telecom. You agree that Telecom can use your details for those purposes.

8.3Subject to the terms of the Consumer Guarantees Act 1993, you agree that no member of the Telecom group of companies (or their officers, employees, contractors or agents) has any liability to you in connection with the directory assistance service or your phone book listing.

9.1If you have agreed to use a service for a fixed contract term, then you must do so. For services where there is no fixed contract term, or where the fixed term has expired, either of us can terminate that service on giving the other 30 days notice. Where you wish to terminate a service you must do so through the “Support” section of our website.

9.2We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.

9.3If this agreement is terminated for any reason you must still pay us for services provided to you up to the date of termination. All charges are monthly basis and it is to be charged one month in advance. If you terminate service(s) in the middle of month, the monthly fee charged in advance is not refundable.

10.1We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
I. if any communication you make is intercepted;
II. if any communication you make is not properly transmitted or received;
III. if any of our services are not available at any time or are faulty;
IV. for any delay in commencing the provision of services;
V. if any software we supply does not operate properly;
VI. for any error in any directory listing which we arrange;
VII. (for internet customers) if your computer becomes affected by any virus or worm.

10.2We are not liable to you for any fault in or non-provision of services which is caused by an event beyond our reasonable control.

10.3If you use another service provider’s services during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.

10.4You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services. This clause is intended to confer a benefit which those third parties can enforce.

10.5Nothing in this clause limits any rights you have under the Consumer Guarantees Act.

11.1Only one account can be made per one customer unless the customer requires a separate account for business purposes. However, multiple products can be purchased which will provide the flexibility for customer to subscribe multiple services that are derived from one account.

11.2All the products are maintained by an account. All the products that purchased from the same account are not independent. This implies that all the services from each product will be affected by the account status. For example, if there is an outstanding balance from the account, entire services of each product that are purchased from an account can either be disconnected or be restricted.

11.3If you do not make the payment before designated date or meet any responsibilities you have with us, we may disconnect or restrict any service at any time. For example, we may put a toll bar on your phone. However, we will try to contact you prior to above action.

11.4If you do not make payment for 0900 call fees that had been charged to you or made from your phone through the Megatel networks, we may also, at any time, suspend or restrict your function to make 0900 calls or suspend or restrict any service we have been provided to you.

11.5When we disconnect a service for these reasons, normal charges will not be applied from that date (because you will not be able to use the service). A disconnection fee may also be applied. You may have to pay a reconnection fee before you can use the service again. When we restrict a service, you will be able to continue to use the restricted service and normal charges will be continually applied in that case. We may also temporarily disconnect or restrict any service if we think it is reasonable or necessary (e.g. to work on the Megatel networks). Normal charges will also be continually applied in that case.

11.6There is a penalty of $30 will be applied for each suspension of certain services. These services include landline, mobile and broadband service.

12.1You may give up any service, e.g. Cellular Secretary or Call Diversion, by calling Customer Services. If you wish, you may give up all services permanently or temporarily, for example, for seasonal business. Either way, the agreement you have with us will remain in place.

12.2We may decide to stop providing a particular service under special circumstances such as Grandfathered services or certain services that are affecting bad influence to our end users. Under these special circumstances Megatel has right to stop any service at any time when it is required.
Before we stop the service, related users will get notified maximum of one month prior to the full termination. This ensure for end users to have sufficient time to think about the changes and make right decision. Megatel may offer alternative services that are currently available. If your contract has not expired, termination fee will not be applied while changing to other service or transfer to other provider.

13.1You authorize us to pass personal information to credit reporting agencies for the purpose of credit checking. You also agree to us obtaining and passing personal information about you to credit reporting agencies. This information will be used to update and maintain credit information files and will be accessed by the customers of the credit reporting agency.

13.2You also agree to us passing personal information about you to a credit reporting agency in the event that you default on your payment obligations.

13.3Any personal information we collect is kept at our offices at Unit C, 1 Antares Place, Albany, Auckland. You are entitled to see any information we hold about you (although you must pay our reasonable charge for making it available) and to request that any incorrect information be corrected.

13.4We may record calls you make to us to verify information and for staff training purposes.

13.5If another Megatel customer calls you, your name will appear on that person’s account as the called party. If you do not wish this to occur then please call customer services on 09 912 1200.

14.1We can change these terms from time to time by giving you 14 days’ notice. We will inform you of any change by emailing or writing to you, by putting a notice in major daily newspapers or by providing relevant information on our website. Our latest terms and conditions are available at www.megatel.co.nz.

15.1Except where you wish to terminate our services (in which case you must follow the procedure in clause 8.1), If you wish to notify us of anything you can do so by writing to us at PO Box 305-292, Triton Plaza, North Shore or by calling 09 912 1200. We may require you to confirm in writing any advice you give us by phone.

15.2If we wish to communicate with you or notify you of anything we can do so by post, phone, facsimile or email to the last known address or number we have for you.

15.3If your contact details change you must advise us of the new details as soon as possible.

16.1These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.

16.2You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.

16.3A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.