For customers who signed up Services with TelstraClear pre-1 April 2013 (including re-signs)

On 31 March 2013 Vodafone Fixed Limited trading as TelstraClear (“TelstraClear”) merged with Vodafone New Zealand Limited (“Vodafone”). Vodafone has assumed all the rights and obligations of TelstraClear.

In these terms and conditions, "we", "our" and "Vodafone" means Vodafone New Zealand Limited and "you" means you, our customer.

Vodafone’s unlimited calling as part of the Call New Zealand and Call World packages are subject to our reasonable use policy. The policy is referenced against average customer profiles and usage patterns in any given month. Usage that materially exceeds these averages will be deemed excessive or unreasonable.

Where you exceed this reasonable usage, we may ask you to moderate your usage. If you then fail to do so, we reserve the right, without further notice to you, to charge you for the excessive element of your usage at the applicable calling rate of your plan and/or remove the service from your account.

This policy is designed to ensure that all our customers are able to use and access a quality service.

Examples where your usage may be such that it might be considered excessive and/or unreasonable are if you use your phone line for:

• a call centre/telemarketing operation
• an intercom or baby monitor
• offering your line for use to the community for large volumes of calls

• HomePlan Fibre Packages are only available in limited areas and are not available in Vodafone cabled areas.
• Vodafone Residential Terms and Conditions apply.
• If you have chosen to transfer your line(s) to Vodafone, from another service provider, you are also authorising us to transfer all associated services - that can be transferred to Vodafone – to Vodafone, including your direct dial calling and broadband services.
• HomePlan Fibre Package pricing may vary in different geographical locations.
  1. Installation and/or connection charges may apply to phone line and additional connections.
  2. Wiring maintenance is an optional service. If you are a new HomePlan Fibre Package customer, Vodafone will provide you with this service unless you inform us otherwise. You need to have had this service for 30 days before your fault is covered.
  3. This service/pricing is not available in all areas of Wellington, Kapiti and Christchurch.
• Vodafone HomePlan Fibre Packages include free local calling and a White Pages listing (excluding HomePlan Fibre Naked Broadband Packages). No other discounts apply.
• HomePlan Fibre Packages are charged in advance and the full monthly charge is payable if a HomePlan Fibre Package is cancelled part way through a billing month.
• All rates include GST.

• You will receive one HomeHub with your HomePlan Fibre Package.
• In the unlikely event that a fault occurs with the HomeHub you may contact us on 0508 888 800.
• If we are required to respond to a fault with the Services and it is established that responsibility for that fault does not lie with us then we may charge you a service fee for that response.
• The HomeHub remains the property of Vodafone.

• Vodafone requires 30 days’ notice of cancellation of HomePlan Fibre Phone Line Features. This means the fixed monthly charges will continue to apply for 30 days after the date you cancel your service, even if it is disconnected within that period.
• HomePlan Fibre Phone Line Features do not incur installation charges (except Full Toll Bar). All features require the use of a touchtone phone. Some features cannot be used in conjunction with other features.
• The HomePlan Fibre Phone Line Feature charges do not include applicable calling rates, which will be charged in addition.
• The customer who has the service, not the caller, pays any calling charges resulting from call redirections. Features may be charged in slightly different periods to line rental and other services.
• If you move house, stored information on your HomePlan Fibre Phone Line Features (e.g. speed dial numbers, messages on Message Mailbox) may be lost.

We may, by giving at least 14 days notice to you:

• change our charges for the services; or
• amend or discontinue the services or a plan or package in relation to the services and where practicable, move you onto another equivalent service or plan or package of services; provided that if any such change results in an increase in charges, or would otherwise be materially detrimental to you, you may within the 14 day notice period, cancel the services effective on the date that the change is to take effect. In such circumstance you will not be charged an early termination charge if this was applicable to you and we will refund to you any charges you have paid for services not provided as at the date of such termination.

If we make any material changes to these terms and conditions, we will give you at least 14 days’ notice.These terms and conditions may otherwise change from time to time.

These terms and conditions ("UFB Terms") apply to all services provided to you over the UFB Network built as part of the Government’s Ultra-Fast Broadband (UFB) initiative ("UFB Network") and form part of HomePlan Fibre terms and conditions. Vodafone’s Residential Terms and Conditions as well as other Vodafone specific product terms may also apply to the services we provide to you on the UFB Network. A copy of these terms may be found at https://one.nz/legal/terms-conditions/archive/

If any terms refer to "our network", "Vodafone Network" or anything similar, those terms will be taken to also include a reference to the UFB Network and a reference to "service" in those terms will be taken to include a reference to services on the UFB Network.

We may amend these UFB Terms at any time including where this is required to ensure that we comply with our obligations under our agreements with a local fibre company ("LFC").

For us to provide you services over the UFB Network you must:

• agree to be bound by the LFC (End User) Terms. These are the applicable standard terms issued by each LFC (as amended from time to time). Depending on your region, these terms may be viewed at:
  • Whangarei - northpowerfibre.co.nz
  • Hamilton, Hawera, New Plymouth, Tauranga, Tokoroa and Wanganui - ultrafastfibre.co.nz
  • Christchurch - enable.co.nz
  • All other UFB areas - chorus.co.nz
• if you are not the property owner, you must obtain the property owner’s consent to all works being undertaken at the property that may be required for you to receive the services. This may involve signing a consent form if required by an LFC.

You acknowledge and agree:

• to provide us with all information, assistance and consents reasonably requested to enable us, our contractors or suppliers (including an LFC) to obtain authorisations, licences or consents that may be required to provide services to you.
• to give us, our contractors, agents and suppliers (including an LFC) such access to your premises as is reasonably necessary to enable the construction, installation, inspection, maintenance, replacement or removal of any equipment required for a service, to provide a service to you or to fix any fault with a service.
• that, if we, our contractors or suppliers attend at your home at the arranged time and are not able to gain entry or provide the services (including where you have changed your mind about whether to proceed with the services), we will charge you for that attendance.
• that title to any equipment used to provide services to you will remain with us or our suppliers (including an LFC) (unless otherwise agreed in writing). You will not do anything that affects or is likely to affect any ownership rights in any equipment.
• that we may temporarily suspend or restrict a service so that we or our suppliers (including an LFC) can carry out maintenance and development work on any network used to provide a service to you. We will always try to minimise any disruption to you (except in an emergency where this may not be practicable).

Services operated on the UFB Network require power to operate. During a power failure you may not be able to use the services. If you cannot use the services, you will not be able to make any telephone call including calls to Emergency "111" services. You may also need to make alternative arrangements if you have a monitored alarm or other legacy modem device.

• Customers must be located in a Big Back Yard area in order to receive it. Go to bigbackyard.co.nz for detailed information on available areas.
• Excludes three party, phone divert operator assisted and Card calls, Ztalk0505 calls, calls to and from mobile phones and calls to special numbers (e.g. 018, 0900).
• Big Back Yard only applies to residential customers.
• A three hour calling cap applies to each call. It is the customer’s responsibility to manage the three hour calling cap. Calls in excess of the three hour per call cap will be charged on a per minute basis thereafter in accordance with the Talk 24/7 calling plan.
• The Big Back Yard phone book areas are as defined by the White Pages®, 2007.

• It is the responsibility of the customer to contact Vodafone to terminate these services.
• Call to Mobile Packs are only available to Vodafone customers with a HomePlan Fibre Package.
• All rates include GST. All calls are rounded up to the nearest minute.
• Available to residential customers only.
• Unused minutes at the end of each month cannot be carried forward or redeemed.
• Customers cannot have more than one Call to Mobile Pack.
• Call to Mobile Packs cover calls made anytime from a landline to a New Zealand mobile phone.
• The full monthly charge is payable if the Call to Mobile Pack is cancelled part way through a billing month.
• Calls originating from mobiles, payphones, overseas and operator assisted calls are excluded.
• All calls not covered by Call to Mobile are charged according to the customer’s pricing plan.
• Vodafone HomePlan Fibre Terms and Conditions apply.

• Unlimited National Calling is a calling plan that is part of the Call New Zealand and Call World (with Broadband or Broadband Premium) HomePlan Fibre Packages.
• Unlimited National calling is subject to Vodafone’s reasonable usage policy.
• A three hour calling cap applies to each call. It is the customer’s responsibility to manage the three hour calling cap. Calls in excess of the three hour per call cap will be charged on a per minute basis thereafter in accordance with the Talk 24/7 calling plan.
• Unlimited National Calling covers calls made anytime from a New Zealand landline to a New Zealand landline only, but excludes three way party calling, phone divert, operator assisted, calls to special numbers (e.g. 018, 0900).
• Calls originating from mobiles, payphones, overseas and operator assisted calls are excluded. Unlimited National Calling Plan minutes are compatible with Vodafone Calling Card (card surcharges apply).
• Ztalk0505 calls are charged separately.
• All calls not covered by the Unlimited National Calling Plan are charged according to the customer’s pricing plan.
• All rates include GST.
• Vodafone HomePlan Fibre Terms and Conditions apply.

• Unlimited International Calling is a calling plan that is part of the Call World (with Broadband or Broadband Premium) HomePlan Fibre Packages.
• Unlimited International calling to 28 destinations is subject to Vodafone’s reasonable usage policy.
• All included international destinations have calls capped at three hours. It is the responsibility of the customer to manage the three-hour cap. Calls in excess of the three hour per call cap will be charged on a per minute basis thereafter in accordance with the Talk 24/7 calling plan.
• Any calls not covered by the Unlimited International Calling Plan are charged according to the customer’s pricing plan.
• Unlimited International Calling covers calls made anytime from a New Zealand landline to landlines in stated destinations only, but excludes three way party calling, phone divert, operator assisted, calls to special numbers (e.g. 018, 0900).
• Calls originating from mobiles, payphones, overseas and operator assisted calls are excluded.
• Ztalk0505 calls are charged separately.
• Unlimited International Calling Plan minutes are compatible with Vodafone Calling Card (card surcharges apply).
• All rates include GST.
• Vodafone HomePlan Fibre Terms and Conditions apply.

• Calls are charged on a minute plus minute basis. Standard rates apply after 2 hours on the capped calling offers. Vodafone Calling Card calls (surcharge applies) are included in the capped calling offers, except those made from a mobile phone or pay phone and operator assisted calls.
• Talk 24/7 is a calling plan that is part of the HomePlan Fibre Packages.
• Excludes Ztalk0505 calls.
• All rates include GST.
• Only available to residential customers.
• Vodafone HomePlan Fibre Terms and Conditions apply.

• Calls are charged on a minute plus minute basis.
• Rates shown apply to calls to both landlines and mobiles, except where the mobile rate is listed separately.
• Only available to residential customers that have their phone line, national, international and home-to-mobile direct dial calling with Vodafone.
• All rates include GST.
• Only available to residential customers.

1.1 This Agreement applies to all customers of the following residential broadband services (Services) provided by Vodafone: Speed Plans:

• Broadband
• Broadband Premium

Monthly Usage Packs:

• 2GB
• 10GB
• 20GB
• 40GB
• 60GB
• 100GB
• 150GB

Additional Usage Packs:

• 1GB (for 2GB, 10GB, 20GB and 40GB Monthly Usage Packs)
• 2GB (for 60GB, 100GB and 150GB Monthly Usage Packs).

1.2 This Agreement comprises the following parts, which in the event of any inconsistency will apply in the following order of precedence (with the first in the list having greater priority):

• these HomePlan Fibre terms and conditions;
• the Standard Internet terms and conditions;
• our standard residential terms and conditions; and
• any application form you have completed in relation to your Services.

2.1 The Services are only available to residential customers with a standard residential fibre line and the Services must be used only on that line. To receive Vodafone Broadband you must purchase and maintain a HomePlan Fibre Package with Broadband or Broadband Premium.

2.2 The Services are not available in all areas.

2.3 If there is a sign-up promotion in relation to the Services, unless expressly stated by us to the contrary, such promotions will only be available to a customer once, this being at the time of the first connection to the Service.

3.1 It will generally take up to 10 working days (being any day other than Saturday, Sunday or a public holiday in any province in New Zealand) from the day you agree to take the Services for us to begin to provide you with the Services (whether as a transfer or new service).

3.2 You will ensure that all information you give to us in relation to your Services is correct and complete. You acknowledge that if you provide us incorrect or incomplete information this may delay the provision of your Services or adversely affect our delivery of the Services.

4.1 You may only change your Speed Plan once per Vodafone billing period. We will endeavour to effect any change to your Speed Plan within three working days. If you change your Speed Plan part way through a month the charges for your old and your new HomePlan Fibre Package and Monthly Usage Pack will be pro-rated in accordance with clause 7.3.

4.2 You may only change your Monthly Usage Pack once per billing month. We will endeavour to effect any change to your Monthly Usage Pack within three working days.

4.3 The number of working days to action a change to the Services begins when a valid and complete instruction is received from you.

5.1 Due to operational restrictions, if you move your physical address or HomePlan Fibre Phone Line, you may not be able to take your Services with you unless you:

1. cancel your Services; and
2. reinstall your Services at your new address or on your new residential telephone line (for which a connection and/or wiring charge will apply).

You will need to contact us at least 14 days in advance of any move so we can discuss how to minimise any interruption in your supply of Services.
5.2 If you change your phone number for any reason, this may affect our ability to provide you with the Services. You will need to contact us at least 14 days in advance of any change so we can advise you if this will have any impact on your Services.

5.3 Your Services will not work if your HomePlan Fibre Phone Line or phone number is disconnected. It is your obligation to tell us if your phone line or phone number is disconnected. We will continue to charge you for the Services until such time that you notify us that you are terminating the Services. You acknowledge that we may regard disconnection of your phone line for any reason as termination of this Agreement by you in which case early termination charges for the Services (as described in clause 8.1) will apply.

6.1 You acknowledge that statements about the speed of the Services are not guarantees about continuous speed of your Speed Plan. Where a download or upload speed is specified, the Services are capable of burstable speeds up to the speed stated. Where a download or upload speed is described as Maximum you will receive the highest speed your broadband connection can deliver. The actual speed your broadband connection can achieve will depend on a number of things including the condition of your telephone line, the distance from your telephone exchange, the equipment you use (including your computer), the time of day you are connecting and the Internet use by others connected to the network at the same time as you.

6.2 All traffic (both download and upload) will be counted toward your Usage Pack.

7.1 We will bill you the fixed monthly charge for your HomePlan Fibre Package and Monthly Usage Pack monthly in advance. Additional Usage Pack charges, installation charges and early termination charges, will be billed in arrears. Your first bill will also contain the charges for Services provided from the date we began to supply you with the Services up to the date of that bill.

7.2 If you use a complete Usage Pack within any billing month we will automatically add an Additional Usage Pack to your account. Unused or partially used Usage Packs (including credits/usage promotions) cannot be carried forward to subsequent billing months.

7.3 Monthly charges for HomePlan Fibre Packages and Monthly Usage Packs that are commenced or changed part way through a billing month will be pro-rated to the effective date of the commencement or change.Monthly charges for HomePlan Fibre Packages and Monthly Usage Packs will not be pro-rated if they are cancelled part way through a billing month, and no other monthly charges will be pro-rated if you commence, change or cancel the Service to which such a charge applies part way through your billing month. This means you will have to pay the relevant monthly charge for the entire billing period.

7.4 You will only receive a connection credit if you are charged a connection charge.

7.5 If you receive other services from us you may receive more than one bill.

7.6 Broadband Internet customers also automatically have Dial Up Internet access, and if used, this will be charged at $2.50 per hour.

8.1 Where services have a 12 month minimum term, if you cancel the Services (in full or in part) prior to the completion of your minimum term you will be required to pay an early termination charge. This charge will not be pro-rated.

8.2 Regardless of any other clause in this Agreement, we may end this Agreement by at least 14 days notice to you because of our obligations to third party service providers, for service delivery reasons, or because you no longer meet our credit criteria. This right to end the Agreement is in addition to our other rights under this Agreement. If we end this Agreement before the end of the minimum term because you no longer meet our credit criteria then you may be required to pay an early termination charge.

9.1 The Services include access to the Internet via Vodafone.

10.1 You will be responsible for protecting your computer against any virus, unauthorised access or spam. We recommend that you install appropriate firewalls, spam filters and anti-virus software as we do not provide any spam or virus protection with the Services (except for the email filtering services described under your standard internet terms) and you will be responsible for any usage that may result from any virus, spam or unauthorised access.

Therefore, to the extent permitted by law, we accept no liability in relation to any virus, unauthorised access or spam experienced by you. For further information on protecting your account from unauthorised use refer to our online help.

However, you are responsible for ensuring the compatibility of the Services with, and the support and maintenance of:• firewalls, spam filters, anti-virus and other software; and• other hardware and equipment.

10.2 You are responsible for managing your Internet usage, and this includes regularly checking the online usage meter (on our website) and email usage notifications. You are also responsible for ensuring that your contact details are correct and current, including your email notification address so that we can contact you with email usage notifications.

10.3 Vodafone discourages the use of file sharing software. You are responsible for all charges incurred as a result of using this type of software.

10.4 You will indemnify us for any damage, loss or cost caused by your actions or through your phone line (including your failure to comply with the obligations in this Agreement) which results in us being liable to third party carriers and service providers.