Terms and conditions
1. 360NET LIMITED TERMS OF SERVICE
1.1 Introduction : These terms and conditions of service ( Terms ) form a legal agreement between 360Net Limited ( 360Net , we, our or us ) and the end user ( you , your or customer ) for 360Net Limited’s services. By activating or using any of the services, you represent that you are of legal age and that you have read and understand these Terms and agree to comply and be bound by these Terms.
1.2 Additional terms : Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are prior to you activating or using the services. If there is any conflict between these Terms and any additional terms, the additional terms will prevail.
1.3 Questions or queries : If you have any questions or require further clarification, please don’t hesitate to reach out to our customer support team. Your satisfaction and understanding are important to us.
2. OUR SERVICES
2.1 General :
(a) We are not obliged to provide services to you unless we accept your application. We can decide whether or not to accept any application.
(b) Not all services are available in all areas or to all customers. We cannot guarantee our service will be available to you until it is successfully connected.
(c) To the maximum extent permitted by law, and otherwise as provided in these Terms, we will provide services on an as is basis.
2.2 UFB : Ultra-Fast Fibre (UFB) broadband is not available everywhere. You can enter your address into our address search to see if you can get 360Net Fibre.
2.3 Service limitations : We will use reasonable endeavours to always make our services available to you. However, our services rely on us using networks and services owned or provided by other people, including network providers. As a result, to the maximum extent permitted by law, we cannot promise that our services will always be available or fully functioning, and we cannot guarantee the quality, reliability and coverage of the service that will be available to you due to factors outside of our control. Other issues beyond our control (such as outages and network problems), may also result in you being unable to connect or you may experience a less than an optimal service.
3. SERVICE ASSUMPTIONS
3.1 Our responsibilities : We will:
(a) be responsible for hosting, monitoring, maintenance, timely patches/fixes and regular updates of the infrastructure underpinning the services; and
(b) provide customer with unlimited support cases per month for any issues experienced by the customer during operation of the services.
3.2 Customer responsibilities : The customer must:
(a) raise support tickets in case of issues in a timely manner; and
(b) use its reasonable endeavours to work with our support teams to use all means reasonably necessary to help reproduce any intermittent or otherwise difficult to reproduce problems including but not limited to media/voice quality issues.
4.1 Monthly payment : All services are offered on a monthly or weekly upfront basis. You will be billed on a monthly or weekly basis in advance for plans, access and additional services provided to you.
4.2 Plan terms : All our normal fibre plans are on open term except HyperNet plans, which are on a minimum 12-month term contract.
4.3 Payment methods : We only accept payment via credit card, debit card, electronic funds transfers or online banking (we do not accept payment by cash, cheque or any other method).
4.4 Payment holds :
(a) If a customer chooses to sign up through 360Net direct sales channels and completes payment using a Visa debit or credit card:
(i) A hold of $29.99 will be applied for the connection fee, in addition to one month’s advance billing and, if applicable, router rental charges and $14.99 charge for router delivery.
(ii) This hold will be in effect for 7 calendar days starting from the date of sign up.
(iii) The 360Net router will be dispatched to the customer after the cooling-off period and upon successful payment.
(b) If the customer opts to sign up through the 360Net website or any inbound channels:
(i) There will be no payment hold for 7 calendar days.
(ii) If the customer decides to cancel within 5 business days of signing up through 360 Net Direct or outbound sales channels, they have the right to do so.
(iii) In the event of cancellation within this period, the payment hold will be automatically released to the customer’s credit/Visa debit card.
(iv) By agreeing to sign up through 360Net’s direct sales channels, you authorise 360Net to securely retain and use your selected payment method for automated debits on subsequent invoices.
4.5 Price change : As supplier charges/prices can change, we reserve the right to change our rates from time to time, and if we increase any rates, we will give 30 days notice where reasonably possible. Where 360Net increases the rates, you may terminate services with 360Net by providing us with 30 days notice in accordance with clause 14.1 . The latest rates are available on our website www.360net.co.nz or stated in the plan document provided to you.
4.6 One-off fees : We will charge the customer a one off $14.99 modem postage fee and connection fee of $29.99, provided however that:
(a) We will not charge the $14.99 modem postage fee if the customer is bringing their own device (BYOD); and
(b) No connection fee applies if the customer buys a router from 360Net.
4.7 Non-standard installation charges : One off non-standard installation charges for technician visits related to Optical Network Terminal (ONT) installations may apply such as charges for no-fault found situations, truck roll charges, and technician service charges (if any).
4.8 Unsuccessful payments : Where you provide 360Net with credit/Visa debit card details, you authorise 360Net to securely retain and use your selected payment method for automated debits (unless you instructed us otherwise). Where we retain those details, we may attempt to make automated debits for amounts invoiced to you. We reserve the right to retry taking payments for the services from the customer if the payment is unsuccessful or is not cleared in 3 reattempts. Should the payment be unsuccessful after 3 reattempts, we may deactivate the customer’s account on notice.
4.9 Billing disputes : If you wish to raise a billing dispute you must notify us in email within 30 days of receipt of your applicable invoice. To the maximum extent permitted by law, if you have not raised a billing dispute within such period, you are deemed to have accepted your invoice, and to the maximum extent permitted by law, you will not be entitled to a refund.
4.10 Unused credit balances : To the maximum extent permitted by law and except where credit balances have been applied due to 360Net’s breach of these Terms, no refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 6 months will be lost.
4.11 Deactivation for Insufficient Balance :
(a) If a customer’s fails to pay their invoice by the due date (including where payment has been unsuccessful after 3 reattempts under clause 4.8 ), 360Net reserves the right to deactivate the customer’s services by notice in writing.
(b) Deactivation of services will result in suspension of access to the internet, email, and associated services.
(a) Customers whose services have been deactivated due to non-payment may request reconnection upon replenishing their account balance to meet the required outstanding amount.
(b) A reconnection fee of $29.99 will apply to reinstate the services.
4.13 Refunds and Overpayments:
(a) To the maximum extent permitted by law, and except where 360Net has breached these Terms, 360Net does not provide refunds for monthly upfront account balances.
(b) Overpayments will be credited to the customer’s account for future use of the services unless the customer requests a refund of the overpaid amount.
4.14 Communication of Balance Issues :
(a) 360Net will make reasonable efforts to inform customers of impending service deactivation due to an insufficient account balance, such as sending low balance notifications before taking such action.
(b) Customers are responsible for ensuring that 360Net has their up-to-date contact information to receive notifications regarding their account balance.
4.15 Changes to Payment Policies : 360Net reserves the right to modify its payment policies and related fees/charges for the upfront monthly service plans, provided that such changes are communicated to customers in advance, in accordance with applicable laws and regulations. Where 360Net makes such changes, you may terminate services with 360Net by providing us with 30 days notice in accordance with clause 14.1 .
5. YOUR INVOICES
5.1 Invoicing : Unless we agree or tell you otherwise in writing, we will send you an invoice at least every month for your internet and telephone charges. Invoices will be sent to your email address. You must ensure the email address you have provided is correct and kept up to date.
5.2 Invoice content : Your invoice will clearly show the due date for payment. If you are on a weekly billing cycle, your due date for payment will be 2 business days from the date of your invoice . If you are on a monthly cycle, your due date for payment will be no 10 days from the date of your invoice. Your invoice will have the following:
(a) the quantity and cost of services supplied or estimated to be supplied;
(b) the period each charge relates to;
(c) any fees and charges (the amount payable may be rounded).
(d) any taxes and levies;
(e) any charges for other products or services supplied to you, and
(f) any other applicable charges in accordance with these Terms.
5.3 More information : More information about your charges and use of our services is available on the invoice. If you have any queries, please contact us on live chat or email us at support@360net.co.nz
5.4 Paying your invoices : You must pay all fees and charges as shown on you invoice in full and by the due date shown on your invoice. You may not deduct or set off any amount from that shown on the invoice. To the maximum extent permitted by law, you are obliged to pay all our fees and charges, even after you have ceased to receive services from us or otherwise are no longer our customer.
6. BILLING CYCLE
6.1 Monthly Billing Cycle : The following payment terms apply for the monthly billing cycle:
(a) First Invoice : Customer will need to make payment for the first month upfront for their internet connection to go live. The first invoice will be due one day before the activation date.
(b) Subsequent Invoice generation : After the initial activation, customers will receive invoices 10 days before the start of their individual billing cycle.
(c) Due Date for Subsequent Invoices : The due date for subsequent invoices is 9 days from the invoice date.
(d) 29 day cycle : Our Monthly and HyperNet plans billing cycles are based on 29 days.
(e) Account Disconnection : If no payment is made by the due date, service will be active up until the day the payment is made for. If the account is disconnected for non-payment and the customer wants to reinstate the connection, they will be required to pay a reconnection fee in accordance with clause 4.12 + one months fees upfront before reactivating their account/connection.
6.2 Weekly payments : Customers have an option to pay weekly for the fibre plan they choose.
6.3 Weekly Billing Cycle : The following payment terms apply for the weekly billing cycle:
(a) Customers who choose to pay weekly on upfront plans are required to pay for services in advance before the activation of those services. For example, if a customer signs up on January 23, 2024, and opts for weekly payments every Tuesday, the earliest connection date they can choose will be February 6th or any date from February 6th onwards. An invoice will be generated every Monday, and payment will be processed using the customer’s stored card on their chosen day. The due date for each payment will be the last day of the billing cycle, as set out below
(i) 1st payment : January 30, 2024 (paid in advance for the week of February 6th to February 12th)
(ii) 2nd payment : February 6, 2024 (paid in advance for the week of February 13th to February 19th)
(iii) And so on
(b) Disconnection of Services on Weekly Upfront Plans : If payment is not received by the due date, services may be terminated.
(c) Right to Cancel and Refunds : Customers who sign up via our door-to-door or tele-sales channels (Outbound) have the right to cancel within 5 business days from the date of sign-up. If the customer cancels within this 5-day period, a full refund of the 1st weekly amount paid will be issued. However, no refunds will be provided if the customer cancels after the 5-day cooling-off period. In such cases, their services will remain active until the end of the billing cycle.
(d) Reconnection of Services (Weekly payments) : If the account is disconnected for non-payment and the customer wants to reinstate the connection, they will be required to pay a reconnection fee in accordance with clause 4.12 + payment for 2 weeks fees upfront before reactivating their account/connection.
7. CREDIT AND DEBIT PAYMENTS
7.1 Debit/credit : Customers can use Visa debit or credit cards to pay for monthly or weekly charges. 360Net uses third-party providers for processing customer’s payments e.g. Stripe, Poli, and Afterpay. Please note 360Net does not store any payment details of the customer.
7.2 Retries : Should the customer have insufficient funds in their selected debit or credit card, we, or our third-party providers, reserve the right to make multiple attempts to debit the amount payable as per the plan chosen by the customer until the applicable subscription renewal date, so that the customer services are/remain activated.
7.3 Third parties : By signing up for the services, the Customer authorises and accepts the following third-party payment providers terms and conditions:
(a) Stripe;
(b) Afterpay; and
(c) Poli.
8. USING OUR SERVICES
8.1 Information : You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.
8.2 Access details : You must keep secure any password or PIN number which is used by you to access our services and ensure that is it not disclosed to any unauthorised person. You must also change your password or PIN number if we ask you to do so.
8.3 Prohibited activities : You must not use our services (or permit our services to be used) in a way that:
(a) breaks any laws or infringes anyone’s rights; or
(b) is malicious, obscene or offensive.
8.4 Suspension / restriction : We can suspend or restrict the services we provide you at any time if you:
(a) resell any of our services;
(b) do not use the services in accordance with our Fair Use Policy;
(c) breach any of these Terms; or
(d) do not maintain monthly payments and/or continually miss payments.
8.5 Reasonable use : Our personal plans are available on the basis of reasonable use. If you use the service in a way that in our reasonable opinion is inconsistent with the normal use for your service or plan, we may:
(a) monitor and investigate your usage; and
(b) suspend and/or withdraw the service upon notice to you.
8.6 Assigned numbers : If your service is cancelled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals static IPs assigned to you by us.
9. PHONE NUMBERS
9.1 Allocation : Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights unless the number has been ported over to us from another provider.
9.2 Number change : If we need to change your number, we will send you notification by email and give you as much notice as possible. We can withdraw or terminate any allocated number without liability to you.
9.3 Porting : You may be able to port your 360Net number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the porting requirements of that service provider. We will comply with our obligations under the terms for local and mobile number portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number. If your account is inactive for more than 3 months or disconnected and you have not ported the associated phone number(s), we may reallocate the number(s) associated with your account.
9.4 Directories : If you consent for your details to be available through directory assistance and/or in the phone book then we will pass your name, number and address to Yellow NZ Limited ( Yellow ). You agree that Yellow can use your details for those purposes.
10.1 Scope : This clause applies if we provide our broadband services to you.
10.2 Qualification check : Your application for broadband service is subject to qualification check during the provisioning process. If we cannot provide broadband services to you, you can cancel your service order without penalty.
10.3 Plan speeds : Our plan speeds:
(a) 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; and
(b) represent the theoretic maximum speeds at which you are able to send data to or receive data from our network. Actual speeds you experience depend on many different factors such as other providers delivery of data to or from our network, your phone line quality, your equipment, number of users accessing the Services in your premises and many other factors.
10.4 Malicious code : You 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. We 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.
10.5 Equipment : We may install equipment and carry out other work at a customer’s premises. If we do so at your premises, then you will grant to us and our contractors reasonable access to your premises 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.
10.6 Unavailability : If our services are unavailable for any reason, we will endeavour to work with the relevant network providers or service providers to restore them as soon as possible. Whilst 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. Some services that rely on a phone line (such as home alarms, medical alert devices and fax machines) may not work using our services. Your relevant service providers for these devices will be able to let you know if you need to make other arrangements for continued service. Our services are not suitable for use in life supporting devices or other technology with critical support functions. Our services rely on power and will not be available during any power failure. If you use our services as a telephone, then you will not be able to make calls (including 111 calls) until the power returns.
10.7 End user terms : You must abide by the terms of the local fibre company’s or other network provider’s end user terms, which will apply to you as the end user of internet services. The applicable terms will depend on which area you live in. More information is available at https://www.crownfibre.govt.nz/crown-partners/.
10.8 Unlimited plans :
(a) If you are on an Uncapped or Unlimited Plan, the total amount of data you can upload or download is unlimited. Unlimited plans are intended for use by a single end customer. Running server farms or sharing a connection across multiple customers is prohibited.
(b) We may use traffic prioritisation policies for these Plans to protect our network and improve the overall performance amongst our customers. Other factors may influence the particular speeds or latency you can achieve to servers nationally and internationally.
(c) Our control of these speeds is limited to our own Network. Connections to servers outside our Network are on a best effort basis. 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.
10.9 Network management : To assist your network conditions to be optimal for real-time voice and video traffic, we manage your other internet traffic to avoid packet loss, latency and jitter conditions.
10.10 Pricing and charges :
(a) Listed prices are for standard installations only. Complex installations are POA.
(b) Additional charges (set out in these Terms) such as no fault found fees will be on charged as set out in these Terms.
(c) Our services are sold on a prepay basis and are billed in advance for the part-month on install or full month after that. Services can be cancelled at any time in accordance with these Terms. To the maximum extent permitted by law, there will be no part-month refunds.
(d) All rates and fees are in NZ Dollars. We reserve the right to change our rates from time to time in accordance with clause 21 . Where 360Net increases the rates, you may terminate services with 360Net by providing us with 30 days notice in accordance with clause 14.1 . The latest rates are available on our website www.360net.co.nz.
11. ROUTER
11.1 Router : You will need a suitable modem/router to use our internet service. Following your request, we can provide a router (for rental or purchase) and everything you need to get up and running. Routers purchased from 360Net will be opened by the technicians for configuration, but otherwise all router units purchased from 360Net are brand new.
11.2 Support : If you purchase a service supported router from us, then our support team can help with any problems you might have with it. All modems purchased from us will be covered by applicable warranties in the Consumer Guarantees Act 1993, unless otherwise set out in these Terms. We will state explicitly if we can provide support for the routers you are purchasing from us. If you use your own modem/router, we cannot guarantee that it will be compatible with our services, or that it will remain compatible.
11.3 Updates : We and our network providers reserve the right to occasionally manage your modem to ensure a high level of security within any network. This may include such tasks as updating router firmware, updating DNS settings, and updating or changing general settings.
12. INSTALLATION
12.1 Installation work : We may install equipment and carry out other work at your premises to provide you with the services. We and/or our network providers may charge a fee for installation. If we do, we will tell you what it will be beforehand, and you will be able to cancel the services if you do not want to proceed.
12.2 Non-installation : We can decide not to perform an installation for any legitimate business reason, including where we consider it uneconomic to connect you, or where we think it would be unsafe to carry out the work at your premises. We can make this decision at any time where we consider we have a legitimate business reason not to connect, including after we have accepted your application and after the technician has visited your home.
12.3 Installation time : Installations will take place Monday-Friday (except public holidays). If a visit is required to your home, we will do our best to arrange a time that is convenient for you. If we install equipment or carry out work at your home, you must allow us and our agents or contractors (who will carry clear identification) reasonable access as and when we reasonably require for the purposes of installing, maintaining, monitoring and removing that equipment or carrying out that work. If you do not provide us access when required, we may not be able to continue providing you our services. You will need to stay at the premises until the work is finished, or you can arrange for someone who is over 18 and able to make decisions on your behalf to stay for you.
12.4 Consents : If necessary, you must obtain any necessary consents to enable our access. If you do not own the property you will need to confirm that the landlord has consented to us performing the installation.
12.5 Your responsibilities : Unless agreed otherwise, you are responsible for maintaining the sockets and wiring at your home and for providing suitable environmental conditions for any equipment and the services, including reliable electricity supply with surge protection, if applicable.
12.6 Cancellation fee : We may charge you a cancellation fee if you are not home at the time arranged for your installation or if you decide to cancel your order, through no fault of us or the installer, after we have accepted your order and arranged an installation date. This cancellation fee covers the costs incurred by us for such failed installation/cancelled order. You will not be charged a cancellation fee if you cancel the installation because we or a network provider advises you that installation fees or charges are payable, and you decide not to proceed with the installation.
13. EQUIPMENT
13.1 Our equipment :
(a) We may install equipment at your house or provide you with equipment to help you connect to the network. Where we do, you must not interfere with that equipment or allow anyone to work on it who has not been authorised by us to do so.
(b) You are responsible for any equipment on your property and must pay for it to be repaired or replaced if it is ever lost, stolen, or damaged. We recommend that you have appropriate insurance in place to cover this risk.
13.2 Your equipment : If you provide any of your own equipment (for example, your own modem, or equipment to use telephone services), you are responsible for ensuring that it is compatible with our services and that it does not interfere with our equipment or the network, unless otherwise agreed. Unless otherwise agreed, we will not be able to help you if this equipment is faulty or if it is not compatible with our services.
13.3 Compatibility : You are responsible for ensuring that your internet enabled devices (for example, laptops, TVs, PCs, etc) are functioning properly and are compatible with the services.
14.1 Termination by you : Unless otherwise provided for in these Terms, you may terminate services with 360Net at any time by providing us with at least 29 days notice. Where you wish to terminate a service, you must do so:
(a) by emailing us at support@360net.co.nz;
(b) by calling us on 0800 360NET; or
(c) by contacting us on live chat through our website.
We will then stop supplying you with our services at the end of your notice period. If you are transferring the service to another provider, we recommend you let us know your new connection date and then let us know so we can terminate your service with us on that date.
14.2 Termination by us : We can terminate the provision of any service to you at any time if:
(a) you have not complied with these Terms, or with any other terms and conditions applicable to your use of the services (including any network provider’s terms and conditions that apply to you);
(b) you have supplied incorrect or misleading information to us;
(c) you fail to pay any of our fees and charges in full and by the invoice due date;
(d) you are adjudicated bankrupt;
(e) you or anyone who makes use of your services or your equipment (with or without your authorisation) damages our or a network provider’s network or puts our or a network supplier’s network at risk;
(f) you harass, abuse or threaten our team members;
(g) the network provider or any of our key service providers requires us to cease providing services to you under any agreement with them or our agreement with them comes to an end;
(h) you no longer meet the eligibility rules for the services; or
(i) we terminate or are entitled to terminate any other agreement we have with you.
14.3 Remaining charges : If your services are terminated for any reason (not due to our breach):
(a) you must still pay us for your use of the services provided to you up to the date of termination which may also include charges to the end of your billing period;
(b) you are not entitled to a refund for unused services or any credit balances on your account, unless agreed otherwise.
14.4 Return of equipment : If 360Net has provided hardware, such as modems, or desk phones to you and you have not purchased these from 360Net, these items must be returned upon cancellation of services. 360Net will provide you with a prepaid courier bag for the return of such items, or you can return these items to us at your own cost. If these are not returned 360Net reserves the right to invoice you for the costs of any items not returned.
14.5 Early termination fees : If you have agreed to receive services on the based of a fixed-term contract, but terminate early, you must pay the applicable early termination fees (unless clause 21.3 applies).
14.6 Expenses : You must pay us on demand, any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights if you breach any of these Terms.
15.1 Exclusions : To the maximum extent permitted by law, and unless otherwise provided in this Agreement, we exclude all of our liability to you in connection with us providing services to you or failing to provide services to you, except in cases of our fraud, wilful misconduct or gross negligence. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
(a) if any communication is intercepted, not properly transmitted or received;
(b) for any disruptions or delays with the use of our services;
(c) for any delay in commencing the provision of services;
(d) for any incompatibility with other services;
(e) if any software or equipment we supply does not operate properly;
(f) for any error in any directory listing which we arrange; and
(g) if your computer becomes affected by any virus or worm,
except in cases of our fraud, wilful misconduct or gross negligence.
15.2 Third parties : If you use another service provider 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. 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.
15.3 Limitation : If we are held to be liable to you for any reason, then our liability to you is limited:
(a) in respect of any single event or related series of events, to an amount equal to our average charges to you for one month; and
(b) in aggregate, in any one year, to a maximum amount equal to our average charges to you for a three month period.
15.4 Business customers : If you are acquiring the services in trade for business purposes then you agree that, to the maximum extent permitted by law, the provisions of the Consumer Guarantees Act 1993 do not apply to any services we provide to you under these Terms, and you agree that sections 9, 12A, 13 and 14 of the Fair Trading Act 1986 do not apply. Nothing in these Terms is intended to contract out of the provisions of the Consumer Guarantees Act 1993 or Fair Trading Act 1986, except to the extent permitted by those Acts.
15.5 Mitigation : If a party suffers any loss under these Terms, such party must take reasonable steps to avoid or minimise its loss. To the maximum extent permitted by law, neither party is liable for any loss that results from such failure to take those reasonable steps. Also, to the maximum extent permitted by law, neither party will be liable for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, or business.
16. PORTING SPECIFIC TERMS AND CONDITIONS
You acknowledge and agree to the following Terms where we provide porting services to you:
(a) You confirm that you have the authority to request the porting of the numbers referred to in the Number Porting Form ( porting form ) and authorise 360Net to act on your behalf for the purposes of porting the numbers listed in the porting form.
(b) You are responsible for all costs associated with porting the phone numbers (if applicable). To the maximum extent permitted by law, 360Net will not be liable to you for any direct or indirect loss or damage resulting from failure or delay in the porting process.
(c) To affect the port, 360Net will supply information entered in the porting form to third parties for the purposes of porting the numbers.
(d) When a number is ported, you will no longer receive service from your current service provider and agree that it is your responsibility to check the terms and conditions of your contract with the existing provider, in relation to the numbers you wish to port, to find out if you have any outstanding obligations to the provider and to discharge such obligations.
(e) When a number is ported, any services associated with that number could be cancelled or impacted as part of the porting process and you accept that 360Net takes no responsibility if any of your other telecommunication services are adversely impacted as a result of your number port request. This extends to internet services and any linked numbers.
(f) 360Net is not obliged to accept your porting request.
(g) After porting your number to 360Net some of the services you currently receive may not be supported by 360Net or may be accessed in a different way.
17. FAULTS AND FORCES OUTSIDE OUR CONTROL
17.1 Faults and callouts : We will try to resolve any fault that you report to us as quickly as possible. If we send a technician to your house and no fault is found, or the fault is due to equipment in your home, there may be a minimum charge (such charge may vary from time-to-time) to cover the costs incurred by us for the callout. If we send a technician to your house and no one is home, they will leave a contact card. If you have not responded to this within 2 business days, the fault will be closed, and a callout fee may be charged to cover our costs incurred by us for the callout.
17.2 Force majeure : We strive to always provide quality services and each party strives to exercise reasonable skill and care in performing its respective obligations under these Terms. However, in rare circumstances, a party may be prevented from doing so because of an act of God, act of State, riot, insurrection, civil commotion, strike, sanctions, boycott, embargo or any other circumstance beyond that party’s reasonable controls. Other issues beyond a party’s control (such as outages, network problems and problems with network providers) may also prevent a party from being able to perform its obligations under these Terms. If that happens, such party will let the other party know about it as soon as it reasonably can. Where those circumstances prevent a party from performing its obligations under these Terms, that party’s obligations will be suspended and, to the maximum extent permitted by law, neither party will be liable to the other party for any fault in, delay or non-provision of services which is caused by an event beyond its reasonable control.
17.3 Third parties : You acknowledge that no network provider or third party whose network or telecommunications services we use to supply services to you (nor any officer, employee, contractor or agent of any such third party) is in any way liable to you in connection with any fault or defect in that network or those telecommunications services that affects our services. This clause is intended to confer a benefit which those third parties can enforce. This clause does not affect any rights or remedies available to you under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
17.4 End user terms : For local fibre companies liability to you when carrying out installations, please see your local fibre company’s end user terms (referred to in clause 10 . 10.7 of these Terms).
18. INFORMATION AND PRIVACY
18.1 Privacy
(a) We utilise the public internet and third-party networks to transmit voice and other communications and we are not liable for any lack of privacy with the service.
(b) We may record or monitor calls between us to verify information and for staff training purposes.
(c) If another 360Net customer calls you, your name will appear on that persons account as the called party. If you do not wish this to occur, then you must email 360Net support support@360net.co.nz .
(d) Our Privacy Policy (available here) forms part of these Terms. It describes how we will collect, hold, use and disclose information and if applicable, how we will comply with the Privacy Act 2020.
19. NOTICES, COMMUNICATIONS AND COMPLAINTS
19.1 Email : We will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.
19.2 Use of email : You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email send to your contact email address in a timely manner to avoid any potential disruption to your service.
19.3 Recording : We may record any communications we have with you, your authorised person or alternate contact to:
(a) maintain accurate records of our dealings with you;
(b) confirm our contractual commitments to each other;
(c) help resolve any disputes between us; and
(d) train our employees and authorised agents and/or to monitor the level of service they are providing.
19.4 Complaints : If you have a complaint in relation to our service, please tell us as soon as possible by sending us a message through live chat via the website www.360net.co.nz or emailing us at support@360net.co.nz.
19.5 Confirmation of receipt : Once we have received your complaint, we will reply to you within two business days to confirm we have received it via phone call / email. Your complaint may be related to network provider services or our service.
19.6 Extended process : If it takes us longer than 20 business days to resolve your problem, we will contact you to let you know why, how much longer it will take, and to discuss your options.
20. YOUR ACCOUNT
20.1 Contact details : You need to let us know if any of your contact details change. In particular, if your contact email address changes you must advise us of the new details as soon as possible.
20.2 Multiple people on account : If more than one person is named as the customer on your account, each person is individually responsible to us under these Terms with you. We can require any of those people to meet the obligations under these Terms with you, including payment of any amounts owing.
21.1 Notification of change : We can change these Terms, including any fees or charges by giving you 30 days notice in writing, by email to you. The latest Terms are available at www.360net.co.nz
21.2 Effective date : Any changes to our Terms will take effect from the first day of the month following the date of the email notifying you of the changes. From that date the updated Terms will be made publicly available on our website at legal.
21.3 Option to cancel :
(a) If you are on a fixed contract term and we increase the price for the services you use, or if we make any change to the Terms that negatively affects your use of our services, then you will be allowed to cancel your fixed contract by providing us with written notice without paying any early termination fees.
(b) If you are not on a fixed term, then you may cancel by providing us with written notice to terminate the services before such changes take effect.
22. GENERAL
22.1 Assignment : You must not assign your rights under these Terms without our prior written consent (which will not be unreasonably withheld). We can assign or transfer our rights and obligations under these Terms with you to anyone else, and we will notify you if we do so.
22.2 Waiver : A 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.
22.3 Governing law : These Terms are governed by and interpreted in accordance with New Zealand law. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.
23. DEFINED TERMS
23.1 Definitions : In these Terms, the words below have the following meanings:
(a) business day means any day not including a Saturday or Sunday or any public holiday.
(b) equipment means any hardware, software or other infrastructure used in connection with a service.
(c) Fair Use Policy means our fair use policy, available at the end of these Terms, and as amended from time to time in accordance with these Terms.
(d) broadband services means services that provide internet access and email and other services provided in conjunction with internet access.
(e) network means the telecommunications system used to provide the services to you and other customers.
(f) network provider means local fibre companies, and any third party with whom we have an arrangement to resell services.
(g) month means 29 days.
(h) plan means one of the different levels (by reference to such factors as we decide, for example mode, price, speed, volumes of data, regional or other availability and minimum term) of services offered by us. These may change from time to time in accordance with these Terms.
(i) plan document means any document published by us describing the characteristics of any plan. These may change from time to time in accordance with these Terms.
(j) plan means the relevant pricing plan(s) for services that applies to you, as published or advised by us. These may change from time to time in accordance with these Terms.
(k) services means the internet services specified in each plan document and such other internet services as we agree to supply. References to services include the sale of equipment (where applicable).
(l) we , us , 360Net and our refer to 360Net Limited, and where the context permits, includes their officers, employees, contractors, agents, successors and assignees.
(m) you and your refer to you, our customer.
23.2 Interpretation : Headings are for reference only and do not affect the interpretation of these Terms. If any clause of these Terms is ruled invalid in court, it will not affect the rest of these Terms, and all other Terms will remain in full force and effect.
24. FAIR USE POLICY
24.1 Policy : Our Fair Use Policy has been developed by reference to average customer profiles and estimated customer usage of our services. From time to time, we and/or our network providers may monitor usage patterns. If your usage of our services:
(a) materially exceeds estimated use patterns over any week or month;
(b) is inconsistent with either normal usage patterns and/or the types of uses and purposes for which we communicate that the services are to be used for, and/or:
(c) includes activities such as auto-dialling, continuously call (or text)-forwarding, bulk texting by machines, automated texting, tele-marketing, call centres, and use of cellular trunking units (CTUs),
then your usage will be excessive and/or unreasonable in accordance with this Fair Use Policy and we or a network provider may contact you to advise you that your usage is in breach of our Fair Use Policy.
24.2 Consequences : We or a network provider may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we or a network provider may:
(a) apply charges to your account for the excessive and/or unreasonable element of your usage; and/or
(b) suspend, modify or restrict your use of the services and/or withdraw your access to the services.
24.3 Additional terms : We may publish on our website additional terms, requirements and/or policies relating to fair use that apply to some or all of the services which will provide further rules and details around how such services can be used. We will do this to help us prevent spamming, bullying or fraud and to ensure that excessive use of such services does not prevent our customers from enjoying such services (for example, by affecting the network). Where we make such changes, clause 21 (Changes to our Terms) will apply.
25. VULNERABLE PHONE CUSTOMERS
25.1 Important information : If you are a vulnerable customer, it is important to know that your home phone may not work in a power cut. This could put you at additional risk as you will be unable to contact help. If this situation applies to you, please keep reading for more information and ways that 360Net can support you.
25.2 About the 111 Contact Code : The Commerce Commission created the 111 Contact Code to ensure vulnerable phone customers have reasonable access to a means of calling emergency services if there is a power cut. Since many modern phone systems operate through a fibre or wireless network which will not work in a power cut, it is important vulnerable people are aware of the additional risk in this situation.
25.3 Who is a vulnerable customer? 360Net customers who have health, disability and safety concerns may qualify as a vulnerable customer. However, if you have a mobile phone (and are in a mobile signal coverage area) and are able to make phone calls to 111 during a power cut, you do not qualify as a vulnerable customer.
25.4 How you can protect yourself : We suggest always keeping a charged mobile phone ready to use as a back-up in case of an emergency. Keep your mobile phone charged or purchase a portable power bank from an electronics retail store and keep it charged and in an easy to find place.
25.5 How 360 Net can provide further support : If you aren’t in a mobile coverage area or don’t have another alternative way to contact 111 in a power cut and are at particular risk of needing to call emergency services for health, security or disability reasons you can apply to be listed as a vulnerable customer. If you qualify, we will work with you to determine the right product for your needs, at no extra cost to you. Please email us at support@360net.co.nz if you have any concerns about this information.
You can find more information at the following link: https://comcom.govt.nz/__data/assets/pdf_file/0024/256425/Telecommunications-Forum-TCF-Home-phone-technology-and-calling-111-Code-factsheet-June-2021.pdf
