1.1 This clause applies if we are providing mobile service to you. You will also be bound by the Megatel General Terms and Conditions and any other specific Terms and Conditions for the other Megatel services that you use.
1.2 This agreement begins when we set up your connection to our service and make it available for your use, until it is terminated in accordance with the General Terms and Conditions and Mobile Terms and Conditions.
2.1 While we do our best to provide quality services, due to the nature of mobile telecommunications, it is impossible to provide a fault-free and continuous service. The quality and the coverage of the service depends partly on your mobile device, partly on our network, and partly on other providers’ and telecommunications’ networks to which our network is connected.
2.2 Coverage and services can adversely be affected by radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages on other networks and provider sites, the configuration or limitations of your or your intended recipient’s, mobile device or other operational or technical difficulties. You may not receive some or all of the services in certain areas or at certain times due to this reason.
2.3 Coverage and Services can also change with network expansion or reconfiguration.
3.1 Unlimited Minutes is for standard person-to-person calls to standard NZ numbers. Excludes premium and special numbers. Unlimited minutes cannot be used for multiple simultaneous calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, continuously call forwarding, auto-dialling, machine to machine communication (including by using the SIM card in any other device), Cellular Trunking Units (CTUs), or any other activity that we consider to be non-standard personal usage ("Prohibited Usage").
3.2 Unlimited text is for standard person-to-person texts to standard NZ numbers. Excludes premium and special numbers. Unlimited text cannot be used for "Prohibited Usage". Unlimited texts cannot be used for re-supply, call centre usage, telemarketing, bulk messaging, application-to-person communication, machine to machine communication (including by using your SIM card in any other device), Cellular Trunking Units (CTUs), or any other activity that we consider to be non-standard personal usage ("Prohibited Usage").
3.3 If we consider that you are engaging in Prohibited Usage, we may ask you to stop such usage. If such Prohibited Usage continues despite notification, we may ask you to transfer away to another service provider with notice.
4.1 The minimum call charge for a Mobile plan is one minute except for operator assisted, 0900 calls and other premium numbers; after the first minute you pay per minute. Every call customer makes is charged at the rate applicable to a Mobile Plan. If there is no answer you won't be charged for the call (note, calls answered by a message service or answering machine are chargeable).
5.1 Each Mobile plan includes minute allocations that can be used for calls to any New Zealand network and the selected countries on your plan.
5.2 Included anytime minutes can be used any time of the week, at any time of the day.
5.3 Included minutes are allocated per billing period. Your included minutes will be refreshed on the first day of each billing period(the 26th of the month) and won’t be carried over from one billing period to the next.
5.4 Voicemail retrieval is free within included minutes.
5.5 Megatel Fair Use Policy applies to 'Unlimited mins'.
6.1 Any international calls(except a specified country), 0900 calls, premium number calls, operator assisted calls, directory related services and chargeable special short code numbers.
7.1 SMS is a text message up to 160 plain characters and is included as part of a Product Offer or casual.
7.2 A SMS received by the mobile network that is unable to be delivered has an expiry of 5 days or 120 hours. However, there are “application to person” (A2P) messages that may have an expiry of 1-24 hours. This is completely dependent on the A2P message provider.
8.1 MMS contains a Picture/Video/Sound message up to 300KB but can also be messages which contain emojis.
8.2 Messaging exceeding 160 characters or messages that are sent to multiple recipients, where the handset is configured by handset manufacturers, maybe sent as an MMS or SMS.
8.3 Please Note that some devices i.e., an iPhone may send multimedia through iMessage/FaceTime which uses mobile data rather than MMS charging.
8.4 Sending multimedia through apps such as WhatsApp, Messenger, Viber, and Line will use mobile data rather than MMS charging.
8.5 MMS messages cannot be sent internationally.
8.6 MMS messages cannot be sent if the device has a Locked APN provisioned.
9.1 Each plan includes a set amount of national data per month ("included data")
9.2 If you want to increase the amount of your included data you can choose to subscribe to an eligible data extra at an additional set monthly subscription fee as outlined in your chosen data extra pricing table.
9.3 The unused data allowance of your included data can be carried forward to the following month on Rollover available plans only.
10.1 Roaming Calling
10.2 Roaming Text
10.3 Roaming Data
10.4 General
11.1 Plan upgrade is available only once per your billing period if you want to switch from your plan to another one. You cannot downgrade plan during your billing period, but you can book a plan downgrade for the next billing renewal date(the 26th of the month).
12.1 Billing period is the period of time you are billed for calls, texts, data and other associated costs accumulated on your account. You billing period is fixed each month which is the 26th to 25th. This means your billing period will roll over on the same date each month, with any included minutes, texts, data or usage refreshed on that same date.
13.1 The Big Data Offer are prohibited from tethering or using mobile hotspot capability.
13.2 Should you attempt to tether or hot spot, we will re-direct you to a URL that will have generic message advising you that they are not able to use tethering or hot spot capability.
13.3 Within the monthly billing period if you go above the data threshold, the maximum network data speed will be changed to maximum of 1.2Mbps and the reduction in maximum network speed will be removed when a new billing period begins. No notification will be provided to you when you reaches the data threshold, and your remaining data will display ‘Reduced Speed’ for data consumed after the threshold is reached and after a new data session is initiated.
14.1 Data included in Endless data is NZ Data only, and does not have an NZ data cap and have tethering included.
14.2 Within the monthly billing period if you go above the data threshold, the maximum network data speed will be changed to a maximum of 1.2Mbps and the reduction in maximum network speed will be removed when a new billing period begins. No notification will be provided to you when you reaches the data threshold, and your remaining data will display 'Reduced Speed' for data consumed after the threshold is reached and after a new data session is initiated.
15.1 A Data Boost will remove any throttling/reduction in maximum network data speed in place for a limited period of time or until a certain amount of data is used(whichever happens first). The Data Boost is only available with the Endless Data plans and with Big Data plans, and the Data Boost lasts for a maximum of 7 days only. If the Data Boost is active when the billing period rolls over the Data Boost will continue until the Data Boost data threshold is reached, or the 7 days expires.
15.2 There are no limits to the number of data Boosts available within a billing cycle.
16.1 Rollover Data means the NZ data component of a plan can be carried forward to the following month. Maximum duration of the NZ data is 365 days. Any balances that remain and are older than 365 days will automatically be relinquished.
16.2 Usage priority is as follows: Recurring Plan Allowance > Purchased Plan if any > Rollover(will use the oldest data first)
16.3 All rollover data will be immediately relinquished if a provisioning request for change offer, termination, change ownership where Rollover is not available is submitted, for example Rollover Data is not available on Big Data or Endless Data plans.
17.1 Restricts you from being able to consume any “casual” NZ Data, only purchased data, for example Recurring plan, Auto-Allowance or Add-Ons can be consumed. Where completing a provisioning request from change plan, mobile termination or change ownership where Smart Data Cap is enabled, to a plan where Smart Data Cap is not available, then the existing capability will be immediately removed.
18.1 Allows you to have a threshold to restrict to zero or an NZ dollar amount so that you can consume "casual" roaming data up to the provisioned Smart-Cap threshold. Only purchased data for example, Auto-Allowance or Add-Ons can be consumed after the threshold has been reached.
18.2 Available for roaming data only. Voice, Text, and other services will still be active for the duration of the billing cycle.
19.1 Auto-Allowance means the NZ data or roaming plans that we will automatically apply.
19.2 Auto-Allowance for NZ data are activated and purchased when the full allowance of the recurring plan is consumed by you. Auto-Allowance for roaming are triggered based on first user activation.
19.3 Auto-Allowance is activated only once within a billing period.
20.1 Add-Ons mean one-off additional plans such as NZ data, roaming data and/or voice services that can be purchased in addition to a recurring plan.
20.2 If remaining NZ data at the time of bill cycle then the oldest data will be used first.
20.3 Roaming Add-Ons are valid for 12months only from the date of purchase, regardless of when they are activated, and Roaming Add-Ons are activated following the first use of any cellular mobile service included with the Roaming Add-Ons.
21.1 You must keep your Mobile Device and SIM card secure at all times. We recommend that you use PIN and other access code features provided with your Mobile Device, the SIM card, or the Services, to ensure that only you are able to access and use the Services, and no one else. You must keep all such PIN codes confidential at all times.
21.2 We are not liable for any loss to you due to the loss, the theft or damage to, and/or unauthorised use of your mobile device or SIM Card. If your mobile device or SIM card is lost, stolen or not in your possession, you must contact our Megatel Call Centre immediately for us to block your SIM and/or mobile devices to prevent any unauthorised usages and charges. We are not liable for calls made, messages and/or other contents sent, or services accessed using the SIM or your voicemail up to the time you advise us of its loss or theft.
21.3 Some services are made available via the internet or other third parties systems. Although we endeavour to maintain the security of information, we cannot guarantee that information you receive or supply when using the services will be secured at all times. We recommend you to apply adequate security measures to protect your information and contents.
21.4 If PIN request function is activated on your mobile device and the PIN is entered incorrectly for three times in a row, the SIM card will automatically be blocked. To unblock the SIM card, you will need the PUK code which was provided to you together with your SIM card. If it is lost or forgotten, you can obtain the code by calling into our Call Centre. You are required to answer security questions before PUK code can be provided. If you continue to input wrong PIN & PUK code, you may permanently damage your SIM and lose your contacts that was stored on the SIM card. You will then be required to purchase a new SIM card which will come with a new PUK code.
21.5 We will not be responsible for any harm you suffer from a virus or other manipulating program which infiltrates your Mobile Device, whether it was transmitted via our mobile service and network or not. You remain responsible for all Charges applied to your account for the use of any Services activated by such a virus or program. For this reason, we highly recommend you to take adequate security measures to protect your information, mobile device and SIM card.
22.1 We can suspend, bar, re-direct or restrict your usage of any or all of the Services, or disconnect your connection and end this Agreement without telling you if: