In this Service Description the following definitions apply:

“Additional Terms” has the meaning given to it in paragraph 1.4;

“Agreement” means your agreement with us under which we provide you with a Business Broadband VDSL Service and which includes any application (including terms and conditions) which you sign or agree to, this Service Description and any Additional Terms;

“Appointment” has the meaning given to it in paragraph 6.5;

“Charges” means the charges payable to us under your Agreement;

“Initial Term” has the meaning given to it in the table at paragraph 2.1;

“Pricing Plan(s)” means your chosen plan(s) for your Business Broadband VDSL Service(s) from paragraph 2.1;

“Router” means any router that we provide to you as part of your Pricing Plan;

“Standard Connection Only” has the meaning given to it in paragraph 6.1 and excludes all factors referred to in paragraph 6.2;

“Standard Connection and Wiring” has the meaning given to it in paragraph 6.1 and excludes any factors referred to in paragraph 6.2;

“Business Broadband VDSL Services” means any fixed broadband internet services we provide to you in connection with this Service Description;

“One NZ”, “we” or “us” means One New Zealand Group Limited and “our” has a corresponding meaning;

“you” means the business customer who enters into an agreement with us and “your” has a corresponding meaning.

If you give up or terminate the Business Broadband VDSL Service and/or Business Tolls Plus calling plan prior to the expiry of its Initial Term or if we terminate your Agreement or any Business Broadband VDSL Service, or Business Tolls Plus calling plan, prior to the expiry of the Initial Term in accordance with your Agreement, then:

(a) your Business Broadband VDSL Service and/or Business Tolls Plus calling plan (as applicable) will be disconnected and any remaining services may be moved to standard One NZ fixed services and prices; and

(b) we may require you to pay applicable Early Termination Charges set out in the table at paragraph 2.1.

In addition, our Business Broadband VDSL Services are only available:

(c) where there is VDSL access (which will not be in all areas, for example ADSL-only or fibre-only areas). The VDSL access network is an extension of the network operated by Chorus;

(d) in areas where there is a suitable lead-in to the building, and where the VDSL technology can be tested after installation and is stable on one of the available profiles; and

(e) if there are no unanticipated costs to us for the installation or operation of your Business Broadband VDSL Service (unless we agree a suitable solution).

If we know you are in an area where Business Broadband VDSL Services are unavailable you will be advised during the sign-up process. Some of the other factors that may mean you are unable to receive Business Broadband VDSL Services include:

(f) network availability at your premises;

(g) the suitability of your line characteristics (including the lead-in) or premises wiring;

(h )where required authorisations, licences and consents are not provided for your building premises; and

(i) issues with your building set up and your specific requirements.

Our Standard Connection and Wiring and Standard Connection Only services do not include:

(j) additional work associated with your installation which has additional cost (including additional work which is required due to the quality and capacity of your lines);

(k) any trench excavation;

(l) additional line capacity at your site or new lead-ins at your premises which you request that we install;

(m )wiring from the Main Distribution Frame (MDF) of your premises if your building is fitted with one;

(n) installation, configuration or testing of your Router ( e.g. for LAN); or

(o) any other factor associated with your installation or set-up which we (or our agent) reasonably consider to be non-standard.

You are responsible for undertaking and for all costs associated with the matters set out above.

You must be present at your Appointment. You acknowledge that additional Charges may apply if you:

(p) deny us or our agent access to your premises or any part of your premises;

(q) fail to procure all required access, authorisations, licences and consents;

(r) are not present at your premises or cannot provide us or our agent access to your premises or any part of your premises (including if you cannot provide safe and timely access),

to allow us or our agent to install relevant equipment and activate your Business Broadband VDSL Service.

The following terms apply to your existing fixed service:

(s) where we are able to undertake cancellation of your existing fixed service for you, you authorise us to undertake cancellation of your existing fixed service following successful installation of your Business Broadband VDSL Service (without undertaking any liabilities to your existing service provider); and

(t) where we are not able to undertake cancellation of your existing fixed service for you, you remain responsible for cancellation of your existing fixed service (we are not able to undertake cancellation of your existing fixed service for you if your existing service is a fibre service, such as UFB, or a fixed or mobile wireless service, as the industry does not offer the underlying capability to enable us to do so); and

(u) in all circumstances, we strongly recommend that you do not instruct your current telecommunications service provider to end your existing internet service before we have successfully completed installation of your Business Broadband VDSL Service. If you instruct your current telecommunications service provider to end your existing internet service before we have successfully completed your installation, there is a risk that your current internet service will terminate before we have completed your installation.

Restrictions on your Business Broadband VDSL Service

(a) We are not intending to place additional limitations on the amount of broadband data that you can use with your Business Broadband VDSL Service though there are restrictions on your use of the Business Broadband VDSL Service, including that it must not be used:

(i) in a manner which we consider: (A) is or may be detrimental to or interferes with our provision of a service to you or to any other customer; or (B) interferes with our or a third party’s network or equipment;

(ii) for resupply, resale, onsale or any other supply to a third party (whether in whole or in part); or

(iii) for contact centres, telesales, auto-dialing, continuous call forwarding or telemarketing.

(b) Use of your Business Broadband VDSL Service is subject to One NZ’s traffic management policies. Chorus also applies a traffic management policy on VDSL connections to stabilise the connection.

(c) If we consider that your use of any Business Broadband VDSL Services is not (or will not be) in accordance with paragraphs 8.2(a) or 8.2(b) then, depending on the circumstances, we may refuse your application for a Business Broadband VDSL Service (or any Pricing Plan), your Business Broadband VDSL Service may be shaped or managed, or we may suspend or terminate your Business Broadband VDSL Service or your Agreement with immediate effect.