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General Terms

General Terms and Conditions

General Terms

General Terms

1. These terms

1.1 These terms and conditions set out the basis on which Megatel (a division of Nova Energy Limited) provides its services including but not limited to, broadband, telephone, mobile, IPTV, electricity and gas to residential and business customers.

1.2 Additional terms and conditions may apply specifically to the services that you use. If so, we will tell you what those terms are. We recommend you to read all of the terms and conditions, not just the general terms and conditions that are applicable to you. If there is any conflict between the general terms and conditions and the specific terms and conditions, the later will prevail.

2. Our services

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

2.2 We 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 a part of, or whole service.

2.3 We 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 third parties. 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 the service as soon as we reasonably can. For any fault assistance, you can contact our Call Centre on 0800 634 283.

2.4 We 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.

2.5 If your services were suspended due to the breach on your end, network charges will still apply during the suspension and you will be liable to pay for a reconnection fee if the services are to be recommenced.

2.6 Our latest and up to date information regarding our current services can be found at www.megatel.co.nz.

2.7 From time to time, we may alter a service that we charge you which can materially affect you. In this case, we will give you as much notice as possible but no less than 10 working day, providing that you are readily identifiable.

2.8 If you are a new customer applying for any of our services, and if you have a temporary visa to stay in New Zealand for less than 1 year from the date of your application:

a) "temporary visa" refers specifically to visitor, travel, and working holiday visas that authorize entry into New Zealand.
b) the applying customer must have a valid credit card that:
  • I. is the direct responsibility of the applying customer;
  • II. has the applying customer’s name on it; and
  • III. is associated with a bank account that is in the applying customer’s name. The credit card holder and the applicant are not the same person, a Credit Card authority form must be submitted together.
c) before accepting your application, you must give us written authority to:
  • I. charge $1 to your credit card to ensure it is valid and active (this $1 charge will be displayed on your account and deducted from your first monthly bill); and
  • II. retain your credit card details for the duration of your service supply, and after your service supply has been terminated if you have an overdue balance with us; and
  • III. debit your credit card any overdue balance owing on your account, without prior notice.
d) This clause is replaceable with the registration for Direct Debit. However, if the Direct Debit is unsuccessful within the first month, we will revert to following the terms of this clause.

3. Charges

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

3.2 You must pay our charges for the services we provide to you, regardless of whether you or someone else has used those services. Under every circumstance, you must be aware of who is using your service and for what purposes. If any charges incur due to your negligence or unawareness from your premise or from your service, you will be liable for the additional charges.

3.3 We may change our charges from time to time. If we increase any of the charges which can materially affect you, we will give you at least 15 working days’ notice in advance. You can always check the latest prices and charges from our website, www.megatel.co.nz or by calling Megatel Customer Service team on 0800 634 283.

3.4 We will invoice you for the services we provide to you. We may carry your charges to the next billing period if your usage is below a minimum level.

  • I. For broadband, landline, mobile and IPTV, the fixed charges (such as rental fee) are payable in advance and usage based charges (such as toll call charges) are payable in arrears.
  • II. For electricity and gas, the charges are payable in arrears and calculated according to fixed rates (per day) and variable rates (per kWh).

3.5 If we change the frequency of your billing, we will give you at least 10 working days’ notice in advance.

3.6 You must pay each invoice by the due date of each month’s invoice.

If you do not pay any invoice within that time, we may:

  • I. charge interest on your overdue amount from the due date until the date you pay, at the rate of 5% per month; and
  • II. withhold any rebate, discount (e.g. prompt payment discount) or similar incentive which would otherwise be available to you; and
  • III. suspend or restrict your service; and
  • IV. contact debt collection agency to collect the outstanding debt; and
  • V. recover from you all collections costs including Collection Agencies’ costs, legal costs on a solicitor; and
  • VI. require you to put in place a direct debit payment arrangement for the overdue balance.

3.7 If you wish to raise a genuine dispute regarding an invoice from us, you must do so within 19 days from when the invoice was generated. We will consider any issues raised in good faith and will promptly advise you or any resolution or amendment to our charges if it is applicable.

3.8 Long term debtors can be transferred to credit managing companies such as Baycorp to be managed and will be liable for all the additional service charge in relation to collecting the debt. Those who have an outstanding balance for more than three months period will be subject to legal actions without any prior notice. Your information can be forwarded to the credit companies as per Clause 9 of this terms and conditions.

3.9 From time to time, we may at our discretion impose a credit limit on your account when we reasonably believe it to be necessary.

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

4. Using our service

4.1 You 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.

4.2 You must comply with any reasonable restrictions we impose or directions that we give at all time, regardless of whether you are our previous, current or future customers.

4.3 You must ensure that all the information you give us is correct. Where any of the information you have supplied us changes (such as contact details), you must provide us with the updated information as soon as possible. If a credit suspension or termination occurs as we were unable to contact you to advise of the suspension or disconnection as the contact details were not updated, you will be liable for the unsuspend or disconnection fee for your services, if the service is to recommence.

4.4 If Megatel fails to contact customers using the contact details provided by the customer, Megatel has a right to use the contact details specified as an alternative contact to request for an updated contract details of the account holder.

4.5 A Joint Account Holder has an equal responsibility to the account and has an ability to inquire, alter, and add or remove a service and/or account, and can be contacted about any aspect about the account, including for billing and payment purposes. A credit check is required for a new Joint Account Holder to be added to an account. To add a Joint Account Holder, both parties need to verbally consent. To remove a Joint Account Holder, the Joint Account Holder being removed needs to verbally consent.

4.6 Emergency contact person can be contacted for the updated contact details of the account holder but does not have any authority on the account to inquire, alter, add or remove a service and/or account.

4.7 Authorised person on the account is given authority by the account holder to inquire about the account but does not have an authority to alter and add or remove a service and/or account. Verbal consent needs to be gained from the account holder but credit check is not required. The authorised person needs to be over the age of 18.

4.8 For a business account, guarantor form is required by the director of the business to acknowledge that he or she is responsible for the account and any current payment or debt from the account. The guarantor then can set up an authorised person or an account manager to inquire about the account.

4.9 Subject to any term commitment, you must notify us 30 days in advance in accordance with clauses 5.1 and 8.1 below, if you wish to terminate any of your services.

4.10 You agree that we can act on any verbal instructions you give us in relation to your services, once you have been confirmed as the account holder.

4.11 To provide our services to you, we may from time to time install equipment and carry out works at your premises. If we do so, you must allow us and our contractors access when we reasonably require, (and you must obtain any necessary consents to such access) for the purposes of, but not limited to, installing, maintaining, monitoring and/or removing any equipment.

5. Contract Term

5.1 If you have agreed to use our service for a fixed contract term, then you must do so. If your service is terminated prior to the agreed fixed term, there will be Early Termination Fee which can vary according to the contract and the services that you have signed up for. You can check the Early Termination Fee from your application form you have received upon signing up with us. For services where there is no fixed contract term, or where the fixed term has expired, either of us can terminate the services by giving the other 30 days’ notice in advance. If you wish to terminate a service, you may do so through the “Support” section of our website or by calling into our Customer Service Team at 0800 634 283.

5.2 We 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.

5.3 If this agreement is terminated for any reason, you must still pay us for the services provided to you up to the date of termination. All charges are monthly basis and is charged one month in advance. If you terminate service(s) in the middle of a month, the monthly fee charged and paid in advance are non-refundable.

6. Liability

6.1 We (nor any of our officers, employees, contractors, or agents) exclude all of our liability to you in relation to our inability to provide services:

  • 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 is not available at any time or is faulty;
  • IV. for any delay in commencing the provision of services that is beyond our control;
  • V. if any third party mobile application and/or third party software does not operate properly;
  • VI. for any error in any directory listing which we arrange with the directory listing company;
  • VII. if your computer, mobile phone, tablet or any other electronic devices connected to the broadband service becomes affected by any virus or worm.

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

6.3 If you use another service provider’s services during any time when our service is not fully operational, we are not liable to make payment toward any amount charged to you by that service provider unless previous arrangements have been discussed.

6.4 You 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.

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

7. Disconnecting or restricting services

7.1 All the products registered under an account are tied and are not independent from each other. If one product is suspended due to an overdue balance, this will impact the whole account status and the entire services within the account can either be restricted or be disconnected at the same time.

7.2 If you do not make the payment before the designated date or meet any responsibilities that you have with us, we may disconnect or restrict any or whole service at any time by giving you a notice in advance as we reasonably can. Any restriction or disconnection due to a credit reason or a breach to our terms and services, your service may be restricted or disconnected without a prior notice.

7.3 When we restrict a service, you will be able to continue using the services but on a restricted term and normal charges will continue to be applied in that case. Your services will continued to be charged until we receive any request for a termination.

7.4 If your service was disconnected for a credit reason or for a breach of conduct, your rental charges will not be applied but you may be subject to Early Termination Fee if applicable. A disconnection fee may also be applied, and you may have to pay a reconnection fee before you can use the service again.

7.5 We may also temporarily disconnect or restrict any service when we think it is reasonable or necessary, such as to protect our network. Billing for your services may not be ceased during these instances.

7.6 There is a suspension, activation, disconnection and re-connection fee for services that have been either restricted or disconnected due to a credit reason.

  • I. $30 fee is charged per product to re-activate your broadband, landline, mobile and IPTV service once it has been suspended.
  • II. There is a disconnection fee of $65 for each electricity and gas service disconnected for a credit reason.

8. Giving up or ending services

8.1 You may give up any of your services (where there is no fixed contract term, or where the fixed term has expired) by providing 30 days’ notice in advance and by calling into our Customer Service Team at 0800 634 283. Your commitment to these terms and conditions remains even after disconnecting your service and especially, if there is any unresolved commitment and debts. For example, if you are on an open term contract and terminate broadband, landline or mobile services including add-ons within the first full month, the applicable full monthly fees will be charged and are non-refundable.

8.2 We may decide to cease providing a particular service under special circumstances such as:

  • I. if the service has been grandfather. In this case, we will provide a prior notice at least 30 days in advance, if there is material impact on you.
  • II. if the service creates negative impact on our network, our services and for our other customers. In this instance, we may stop the service immediately, and advise you after the action has been taken.

8.3 Before we cease to provide a certain service, we will notify the impacted users one month prior to the full termination unless for the reasons stated above. This ensures that you will have a sufficient time to think about whether to accept our alternative option or change to another provider. You can use your full rights to terminate the service if our alternative options do not meet your expectations and in this case, termination fee will not be applied.

9. Privacy

9.1 By applying to our service, you authorise that we can pass on your personal information to the credit reporting agencies for a credit check. You also agree that we may use the credit check information received from the credit reporting agencies to either proceed or cancel application.

9.2 You also agree that we may pass on your personal information to a credit managing companies and/or collection agencies if you do not meet your payment obligations and your account is in debts.

9.3 Any calls you make to us is recorded to verify information, for a quality assurance and for training staffs.

9.4 We do not ask you for your personal information through any methods outside of Megatel authorised channels such as our call centre, e-mail, txt services and Megatel website.

9.5 Any personal information we collect from you is kept at our database. You have a right to request for any information we hold about you. You can request us to amend any incorrect information or any details to be updated if required.

9.6 We will never sell our customers’ details to any third parties. Your information may be forwarded to our third parties who we affiliate to provide our services, in order to provide the service that you have requested for.

10. Changing these terms

10.1 We may change these terms from time to time by giving you 14 days’ notice in advance. We will inform you of the change by emailing or writing to you, or by providing relevant information on our website. Our latest terms and condition are available at www.megatel.co.nz. It is your responsibility to be aware of our latest terms and conditions and any changes made.

11. Notices

11.1 Except 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 help@megatel.co.nz or by calling 0800 634 283. We may require you to confirm in writing of any request you give us by phone.

11.2 If 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 of you.

11.3 If your contact details change, you must advise us of the new details as soon as possible. If you fail to update us on your latest contact details and we fail to reach you regarding credit suspension or termination due to this reason, we are not liable for any loss incurred or any fee in relation to credit suspension, credit disconnection or for reconnecting the services.

12. Supply of Equipment

12.1 We may from time to time supply equipment to you in connection with our provision of services to you. We do not own any ownership and rights to the equipment by other parties. You would need to follow the Terms and Conditions for these products separately in conjunction to our own Terms and Conditions, and we have no ownership rights to those equipment.

12.2 Any equipment supplied to you is specified in your application form and is acknowledge upon the submission of your application.

12.3 Upon terminating this agreement, any and all equipment not included in your promotion needs to be returned within 20 days of termination. If the item is not returned within a requested time, you must pay us the full cost of the equipment, which will be charged on your Megatel invoice and sent out to you. You must also meet any repair or replacement costs if the equipment is damaged, lost or destroyed, while it is under your control. This includes while the item is being returned to our office. Only in the case of a faulty Megatel supplied equipment that is within the warranty period, we will bear the cost of returning the equipment for a repair.

12.4 If requested by us, you will sign a document which identifies the equipment that we have supplied to you. You will also sign any other document and provide any other information which is necessary, for us to register a financing statement for the equipment we have supplied, under the Personal Property Securities Act.