- 360 NET LIMITED TERMS OF SERVICE
- These terms of service constitute the agreement between 360 Net Limited Limited (we or us) and the end user (you, your or customer) of 360 Net Limited services. By activating or using any of the services, you represent that you are of legal age to enter this agreement and that you have read and understand the terms and conditions of this agreement.
- Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.
- SERVICE ASSUMPTIONS
- 360 Net Limited shall be responsible for hosting, monitoring, maintenance, timely patches/fixes and regular updates of the infrastructure.
- 360 Net Limited expects customer to raise support tickets in case of issues in a timely manner.
- 360 Net Limited shall allow customer unlimited support cases per month for any issues during operations.
- 360 Net Limited expects customer to work with 360 Net Limited support teams to use all means necessary to help reproduce any intermittent or otherwise difficult to reproduce problems including but not limited to media/voice quality issues.
- OUR SERVICES
- We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.
- 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.
- We will provide services on as is basis.
- We will use all 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, 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. 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 serviceYou accept that you are solely responsible for the conference streaming, all contents, information and data that are going to be streamed during any 360 Net Limited web conference. By using the Service and taking part in a public or private conference, you give permission to transfer all disclosed information and data to every single conference recipient.
- CHARGES AND PAYMENT
- All services are offered on a monthly upfront basis. You will be billed on a monthly basis in advance for plans, access and additional services provided to you and pay as you go for all other services.
- We only accept payment via credit card, debit card, online banking (we do not accept payment by cash, cheque or any other method).
- If a customer chooses to sign up through 360 NET Direct sales channels and completes payment using a Visa debit or credit card, a hold of $29.99 will be applied for the connection fee, in addition to one month’s advance billing and, if applicable, router charges and $14.99 charge for router delivery. This hold will be in effect for 7 calendar days starting from the date of sign up. The 360 Net Router will be dispatched to the customer after the cooling-off period and upon successful payment. If the customer opts to sign up through the 360 Net website or any inbound channels, there will be no payment hold for 7 calendar days. If the customer decides to cancel within 5 working days of signing up through 360 Net Direct or outbound sales channels, they have the right to do so. In the event of cancellation within this period, the payment hold will be automatically released to the customer’s credit/Visa debit. By agreeing to sign up through 360 Net, you authorize 360 Net to securely retain your selected payment method for automated debits on subsequent invoices.
- 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 as reasonably possible. The latest rates are available on our website www.360net.co.nz or stated in the Master Services Agreement provided to you.
HyperNet plans and prices *Base price for all Hypernet plans are subject to change at any time. Discount offer $20 month off applies only on base price.
- If the base price of Hypernet plans increases within 12 months of contract, the $20 discount will still apply to the new base price at the time of change. A 30 days’ notice period will be provided in this case.
- Hypernet discounted and normal base prices on plans per month are only for broadband , It excludes any router rental charges , Static IP and one off router delivery charges( all these are additional charges.
- One off $14.99 modem postage fee and connection fee of $29.99. Connection fee $29.99 will only be charged if customer is bringing their own device (BYOD). No connection fee applies if the customer buys router from 360 Net.
- One off non-standard installation charge (if any)
- Unsuccessful payments: We reserve the right to retry taking the payments from the customers if the payment is unsuccessful or not cleared in 3 reattempts. Should the payment is unsuccessful after 3 reattempts, the account will be cancelled. To reinstate the account reconnection fee of $29.99 will apply.
- If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.
- 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.
- Deactivation for Insufficient Balance.
- If a customer’s fails to clear the invoice by the due date 360 Net reserves the right to deactivate the customer’s services.
- Deactivation of services will result in suspension of access to the internet, email, and associated services.
- Reconnection
13.1 Customers whose services have been deactivated due to non-payment may request reconnection upon replenishing their account balance to meet the required amount.
13.2 A reconnection fee of $29.99 will apply to reinstate the broadband services.
- Refunds and Overpayments
14.1 360 Net does not provide refunds for monthly Upfront account balances.
14.2 Overpayments will be credited to the customer’s account for future use of the broadband services.
- Communication of Balance Issues
15.1 360 Net 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.
(15.2) Customers are responsible for ensuring that 360 Net has their up-to-date contact information to receive notifications regarding their account balance.
- Changes to Payment Policies
(16.1) 360 Net 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.
- MINIMUM CONTRACT PERIOD:
All our normal fibre plans are on open term except HyperNet plans, which are minimum on a 12-month contract. All the plans are based on Upfront service plans.
- YOUR INVOICES
Unless we agree or tell you otherwise in writing, we plan to send you an invoice at least every month for your internet and telephone charges. Invoices will be sent to your email address. You ensure the email address you have provided is correct and keep upto date.
6.1 Your invoice will clearly show the due date for payment which will be no less than 2 business days from the date of your invoices and will have the following:
(a) the quantity and cost of services supplied or estimated to be supplied.
(b) the period each charges 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 penalties or other charges additional to our usual fees.
6.2 More information about your charges and use of our services is available on the invoice. For more information, please contact us on live chat or email us at support@360net.co.nz
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. You remail obliged to pay all our fees and charges, even after you have ceased to be supplied by us or otherwise are no longer our customer.
7.USING OUR SERVICES
- You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone’s rights or in a way which is malicious, obscene or offensive.
- 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.
- We can suspend or restrict the services we provide you at anytime if:
(a) you resell any of our services.
(b) you do not use the service sensibly and within our reasonable use guidelines
(c) we believe that you have breached any of our terms and conditions;
(d) you do not maintain monthly payments and or continually miss payments
- 360 Net Limited’s personal plans are available on the basis of reasonable use. If you use the service in a way that 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; or
- 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.
- 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 360 Net Limited.
- PHONE NUMBERS
- 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.
- 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 number at any time without liability, particularly if you do not comply with the instructions for use provided by 360 Net Limited.
- You may be able to port your 360 Net Limited 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 at our sole discretion reallocate the number(s) associated with your account.
- If you wish 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. You agree that Yellow can use your details for those purposes.
- BROADBAND SERVICES
- This clause applies if we provide 360 Net Limited Broadband services to you.
- Your application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order without penalty.
- Our plan speeds 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. Nor can we guarantee that our Broadband services will always be available or that they can always be utilised for any particular purpose.
- 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.
- We may install equipment and carry out other work at a customer’s premises. If we do so at your premises, then you grant to us and our contractors an irrevocable licence to enter 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.
- 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. While 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 availableduring 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.
- You must not knowingly transmit any malware 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.
- 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/
- 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 malware or other harmful code which you download via the internet.
- ROUTER
- You will need a suitable modem/Router to use our internet service. We can provide a Router and everything you need to get up and running.
- 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 2020. We will state explicitly under the routers you are purchasing from us if we can provide support for them. If you use your own modem/router, we cannot guarantee that it will be compatible with our services, or that it will remain compatible.
- 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.
- Router purchased from 360 net will be opened by the technicians for configuration. All Router units are brand new.
- TERMINATION
- 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.
- If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.
- You may terminate services with 360 Net Limited at any time with one months’ notice. In order to terminate your service, you must contact 360 Net Limited. As per section 4. 360 Net Limited do not provide refunds for unused service or credit balances.
- In the case 360 Net Limited has provided hardware, such as modems, or desk phones not purchased outright must be returned upon cancellation of services, if these are not returned 360 Net Limited reserves the right to invoice for any items not returned.
- On demand, any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.
- Where you wish to terminate a service, you must do so:
by emailing us at support@360net.co.nz or
by contacting us on live chat through our website:
We will then immediately end our agreement and stop supplying your services, unless you request the services be terminated at future date (in which case we will terminate your services and stop supplying your services from that requested date). 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.
- We can terminate the provision of any service to you at any time if:
you have not complied with these terms and conditions, 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);
we reasonably believe that you have supplied incorrect or misleading information to us;
you fail to pay any of our fees and charges in full and by the invoice due date
you are adjudicated bankrupt;
you or anyone who makes use of your service 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;
you harass, abuse or threaten our team members;
the network provider or any key service provider to us requires us to cease providing services to you under any agreement with them or our agreement with them comes to an end;
you no longer meet the eligibility rules for the services; or
we terminate or are entitled to terminate any other agreement we have with you.
- If your services are terminated for any reason 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.
- INSTALLATION
- 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.
- We can decide not to perform an installation for any 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, including after we have accepted your application and after the technician has visited your home.
- 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) 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.
- 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.
- 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.
- 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. 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.
- EQUIPMENT
- 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.
- 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.
- If you provide any of your own equipment (for example, your own modem, or equipment 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. We will not be able to help you if this equipment is faulty or if it is not compatible with our services.
- 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.
- LIABILITY
- We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
(i) if any communication is intercepted, not properly transmitted or received;
(ii) for any disruptions or delays with the use of our services;
(iii) for any delay in commencing the provision of services
(iv) for any incompatibility with other services
(v) if any software or equipment we supply does not operate properly;
(vi) for any error in any directory listing which we arrange
(vii) if your computer becomes affected by any virus or worm.
- We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
- 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.
- If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.
- If you are acquiring the Services for the purposes of a business, or if you indicate to us you are doing so, then you agree that the provisions of the Consumer Guarantee Act 1993 do not apply to any Services we provide to you under this Agreement.
- If you are acquiring the Services other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in this Agreement. Subject to your rights under the Act and the liability cap in clause 8.5, except where we cause direct damage to your property due to our negligence, to the extent allowed by law we have no other liability to you or any other person in respect of this Agreement.
- PRIVACY
1.We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, contact phone number and credit card information.
- You agree that personal information that we have obtained from you can be shared with other networks, for the purpose of monitoring and investigating fraud and other offences. We may also share your information with public sector agencies in order for them to investigate an offence.
- Any personal information we collect is kept at our offices at 3/3 cunard street , new Lynn Auckland or on our online portal. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.
- 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.
- We may record or monitor calls between us to verify information and for staff training purposes.
- If another 360 Net Limited customer calls you, your name will appear on that person’s account as the called party. If you do not wish this to occur then email 360 Net Limited support support@360net.co.nz
- CHANGING THESE TERMS
- We can change these terms from time to time by giving you 30 day’s Notice including any change in pricing and offers. We will inform you of any change to our terms by emailing you or by providing relevant information on our website. The latest terms and conditions are available at www.360net.co.nz
- NOTICES
- 360 Net Limited 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.
- If your contact email address changes you must advise us of the new details as soon as possible.
- 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.
- OTHER MATTERS
- These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.
- You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.
- 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.
- 360 NET LIMITED PORTING TERMS AND CONDITIONS
- I confirm that I have the authority to request the porting of the numbers referred to in the Number Porting Form and authorise 360 Net Limited to act on my behalf for the purposes of porting the numbers listed in the porting form.
- I will be responsible for all costs associated with porting the phone numbers. 360 Net Limited will not be liable to me for any direct or indirect loss or damage resulting from failure or delay in the porting process.
I understand;
- That to effect the port, 360 Net Limited will supply information entered in the porting form to third parties for the purposes of porting the numbers.
- That when a number is ported I will no longer receive service from my current service provider and that it is my responsibility to check the terms and conditions of my contract with the existing provider, in relation to the numbers I wish to port, to find out if I have any outstanding obligations to the provider and to discharge such obligations.
- That when a number is ported, any services associated with this number could be cancelled or impacted as part of the porting process and I accept that 360 Net Limited takes no responsibility if any of my other telecommunications services are adversely impacted as a result of my number port request. This extends to internet services and any linked numbers.
- That 360 Net Limited is not obliged to accept my porting request.
- That after porting my number to 360 Net Limited some of the services I currently receive may not be supported by 360 Net Limited, or may be accessed in a different way.
- 360 NET LIMITED BROADBAND TERMS AND CONDITIONS
1.Our plan speeds 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. We cannot guarantee that our Services will always be available or that they can always be used for any particular purpose.
- If you are on an Uncapped or Unlimited Plan, the total amount of data you can upload or download is unlimited. 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. 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.
- To ensure you have the best experience possible on your 360 Net Limited Broadband service and to ensure your network conditions are optimal for real-time voice and video traffic we manage your other internet traffic to avoid packet loss, latency and jitter conditions.
- Unlimited plans are intended for use by a single end customer. Running server farms or sharing a connection across multiple customers is prohibited.
- Listed prices are for standard installations only. Complex installations are POA.
- Additional charges such as no fault found fees will be on charged as appropriate.
- 360 Net Limited Broadband 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. There will be no part month refunds.
- All rates and fees are in NZ Dollars. We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www.360Net.co.nz.
21.BILLING CYCLE
You can pay by various options to keep your account up to date. Credit card or Visa debit.
MONTHLY BILLING CYCLE
Upon sign-up; Invoice will be due one day before the activation date
Subsequent Invoice Generation:10 days before the customer’s individual billing cycle
Due Date for Subsequent Invoices: 9 days from the invoice date
Account Disconnection Service will be up and running until the payment is made for. Reconnection fee of $29.99 applies after nonpayment.
First Invoice: Customer will need to make payment for the first month upfront for their internet connection to go live. Subsequent Invoice Generation: After the initial activation, customers will receive invoices 10 days before the start of their individual billing cycle. Due Date for Subsequent Invoices: The due date for subsequent invoices is set to 9 days from the invoice date.
All our Monthly and Hypernet plans ‘ billing cycle is based on 29 days.
Account Disconnection: If no payment is made, service will be active up until the day the payment is made for. After this if customer wants to reinstate the connection, they will pay reconnection fee $29.99 + one month upfront and is payable before reactivating the account/connection.
Customers have an option to Pay Weekly for the fibre plan they choose. 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.
Weekly Plan options:
Turbo Edge 300/100 – 300 MBPS download &100 MBPS upload Weekly : $22.50 inc GST.
Quantum Quick 900/500 -900MBPS download & 500 MBPS upload Weekly: $27.50 inc GST.
Easy Stream 50/10 – 50 MBPS download & 10 MBPS Upload Weekly : $14.99 inc GST
* Average download/upload speeds at busy times. Experienced speeds maybe higher or lower.
No Connection fee one off $29.99
Outright price Router TPLINK AX180 $135 inc GST
Router delivery charges – $14.99
No Term contract, No Exit/termination fee applies on weekly upfront plans.
No Monthly discounts /any other offers apply in conjunction with any other offer on weekly upfront plans/offers.
Payment methods: Visa/Credit card
WEEKLY BILLING CYCLE:
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.
- 1st payment: January 30, 2024 (paid in advance for the week of February 6th to February 12th)
- 2nd payment: February 6, 2024 (paid in advance for the week of February 13th to February 19th)
- And so on…
Disconnection of Services on Weekly Upfront Plans:
If payment is not received by the end of the due date, services will be terminated.
Right to Cancel & Refunds:
Customers who sign up via our door-to-door or tele-sales channels (Outbound) have the right to cancel within 5 working 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.
Changes in Terms and Conditions:
360Net will notify customers of any changes in terms and conditions, including changes in pricing or offers, by providing reasonable notice before implementing any changes.
Reconnection of Services:
If a customer wishes to reactivate services with 360Net, a reconnection fee of $29.99 applies, along with payment for 2 weeks upfront.
Please note that these terms and conditions are subject to change, and it is the responsibility of the customer to stay informed of any updates or modifications. 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.
Thank you for choosing 360Net as your internet service provider. We appreciate your business.
- PAYMENTS /MODE OF PAYMENTS:
Monthly or Weekly,
Customers can use to pay via Visa debit or credit card. 360 uses third party providers for processing the payments “Stripe, Poli, Afterpay . please note 360net does not store any payment details of the customer.
Should the customer has insufficient funds in their preferred debit or credit card.
We reserve the right to make multiple attempts to debit weekly amount as per the plan chosen by the customer until the subscription renewal date , so that the customer services are activated.
Customer authorize and will accept our third party providers terms and conditions including 360net terms and conditions at the time of sign up.
Stripe terms and conditions apply.
Afterpay terms and conditions apply.
Poli terms and conditions apply
For more information on terms and conditions of third party providers please visit :
- FAULTS AND CALL-OUT SERVICES.
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 with equipment in your home, there may be a minimum charge (such charge may vary from time-to-time). 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.
- CONSUMER PROTECTION LAWS AND LIABILITY
The Consumer Guarantees Act 2020 and the Fair-Trading Act 1986 apply alongside these terms. You can visit www.consumeraffairs.govt.nz to find out more about your rights under this legislation. Nothing in these terms and conditions (including this clause 10) limits any rights you may have under the Consumer Guarantees Act 2020 and/or the Fair-Trading Act 1986.
- FORCES OUTSIDE OUR CONTROL
We strive to always provide quality services and to exercise reasonable skill and care in performing our obligations to you. However, in rare circumstances, we 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 our reasonable control. Other issues beyond our control (such as outages, network problems and problems with our network providers) may also prevent us from being able to supply services to you. If that happens, we will try to let you know about it as soon as we reasonably can. Where those circumstances prevent us from providing services to you, our obligations to you will be suspended in relation to the affected services and we are not liable to you in those circumstances.
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 2020 or Fair-Trading Act 1986. For local fibre companies’ liability to you when carrying out installations, please see your local fibre company’s end user terms (referred to in the ‘Internet services’ section of these terms and conditions).
- MINIMISE YOUR LOSS
If you suffer any loss because of your agreement with us, you must take reasonable steps to avoid or minimise your loss. We are not liable for any loss that results from your failure to take those reasonable steps. Also, we will never be liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, or business.
- INFORMATION AND PRIVACY
Information we need from you
Our Privacy Policy (available on our website at www.360net.co.nz
) forms part of our agreement with you. It describes how we will collect, hold, use and disclose information and if applicable, how we will comply with the Privacy Act 2020.
- We may change our Privacy Policy on 30 days’ notice. This notice will be on our website and will include reasons for any change.
- You must provide us with, and you authorise any other person who holds information about you or the members of your household and your property to disclose to us, any information we reasonably request in relation to our agreement with you. We may require information from you to confirm your identity and may require a copy of a form of identification, such as a driver’s license, passport copy 18+card.
Any information you provide to us must be correct and complete. You must let us know as soon as possible if any information you have previously provided to us becomes incorrect or changes.
You can ask us for access to any personal information we hold about you. If you believe that information is incorrect, you can ask us to correct that information.
- INFORMATION WE NEED FROM THIRD PARTIES.
We may verify information or collect information about you, members of your household or your property, from other organisations or people such as credit agencies, any network provider and other suppliers; debt recovery or credit checking agencies or our lawyers for the purpose of reporting on your payment history, collecting outstanding moneys or credit checking, and other suppliers in New Zealand or their agents for credit reference and credit checking purposes; and any person in connection with any dispute organisation or scheme that we are a member of and any person to whom we are required to disclose such information either by law or in compliance with industry codes and standards, and you agree that those other persons may retain and disclose such personal information for so long as is reasonably required for their lawful purposes.
Our officers, employees, contractors and agents, including debt recovery and credit checking agencies, to whom we may disclose your personal information may: pass and disclose that information to other debt recovery or credit checking agencies and their subscribers; use that information for the purposes of debt recovery or credit checking; publish that information on their debt recovery or credit checking databases; and provide that information to third parties for purposes of checking repayment history or creditworthiness.
- STORING YOUR PERSONAL INFORMATION
We will keep your information secure and, for individuals, will hold your personal information in accordance with the Privacy Act 2020.
Using your information
You authorise us to use, disclose and match any information about you and your services for the following purposes, including: for any purpose authorised by you, including communicating with authorised persons and alternate contacts to confirm your identity to supply internet and telephone services and any other products or services you have asked for e.g., third party technicians.to administer your account (including invoicing you, sending notices or communicating with you)to help improve our customer service, including monitoring and following up questions and complaints to help develop and/or improve products and services to inform or contact you about our products, brands, special offers, publications, and other promotions we think you may be interested in (including via email or other electronic communications)to conduct market research, including to disclose to a market research organisation for the purpose of contacting you or conducting market research on our behalf to meet the requirements of these terms and conditions, the law, industry rules and codes of practice to meet the requirements of our upstream suppliers to disclose to our related companies, as defined in the Companies Act 2020
for credit checking, credit reporting or debt collection, which may involve disclosure to a credit reporting agency. This information may be used by the credit reporting agency to update and maintain credit information files and may, in turn, be accessed by its customers.
to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences
to verify your credit and payment history with your previous internet or telephone supplier
to disclose to a network provider for the purpose of installing, maintaining, or operating the network or communicating with you, and
to disclose to the Commerce Commission, or any other government agency or regulatory body, industry body or relevant industry complaints scheme.
29.1 In addition, there may be occasions where we disclose your information in other ways that are in accordance with the Privacy Act 2020.
- COMMUNICATIONS WE HAVE WITH YOU
We may record any communications we have with you, your authorised person or alternate contact to:
maintain accurate records of our dealings with you
confirm our contractual commitments to each other, and
help resolve any disputes between us.
We may also use recordings to train our employees and authorised agents and/or to monitor the level of service they are providing.
- COMPLAINTS
- If you have a complaint against us (other than a complaint about the nature or level of your reported electricity usage) please tell us as soon as sending us a message through live chat via on the website www.360net.co.nz or emailing us at support@360net.co.nz.
- 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. We’ll also decide whether we think your complaint is related to network provider services, or our service.
- 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.
- CONTACTING YOU
You need to let us know if any of your email contact details change.
- JOINT ACCOUNTS
If more than one person is named as the customer on your account, each person is individually responsible to us under our agreement with you. We can require any of those people to meet the obligations under our agreement with you, including payment of any amounts owing.
- CHANGES TO OUR AGREEMENT
We may change our agreement with you at any time. We will notify you of these upcoming changes on your next invoice or by email (including a link to the updated version of our agreement with you). We will only notify you of any change to any special terms that will continue to apply to you.
Any changes to our agreement with you will take effect from the first day of the month following the date of the invoice or email notifying you of the changes. From that date the updated terms and conditions will be made publicly available on our website at legal
35.BENEFICIAL/NEUTRAL CHANGES
We can make changes to these terms and conditions, our fees and charges, our plan documents, and any other part of our agreement if those changes will benefit you, or will not be detrimental to you, at any time without giving you notice.
Detrimental changes
If you are on a fixed contract term and we increase the price for the services you use, or if we make any change that negatively affects your Fuse of our services, then you will be allowed to cancel your fixed contract without paying any early termination fees. If you are not on a fixed term, then you will be given the chance to terminate your agreement with us before any such changes take effect.
- GENERAL
Assignment
You must not assign your rights under our agreement with you. We can transfer our rights and obligations under our agreement with you to anyone else. We will notify you if we do so.
Delay
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.
Applicable law
These terms and conditions are governed by New Zealand law.
- DEFINED TERMS
DEFINITIONS
What some of the words used in this document mean:
‘business day’ means any day not including a Saturday or Sunday or any public holiday.
‘equipment’ means any hardware, software or other infrastructure used in connection with a service.
‘fair use policy’ means our fair use policy, available at the end of this document, and as amended from time to time.
‘broadband services’ means services that provide internet access and email and other services provided in conjunction with internet access.
‘network’ means the telecommunications system used to provide the services to you and other customers.
‘network provider’ means local fibre companies, and any third party with whom we have an arrangement to resell services.
‘Month ‘ means 29 days’
‘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.
‘plan document’ means any document published by us describing the characteristics of any plan. These may change from time to time.
‘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.
‘residential customer’ means a natural person who acquires internet services or telephone services for personal, household or domestic use.
‘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.
‘we’, ‘us’ and ‘our’ refer to 360 Net , and where the context permits, includes their officers, employees, contractors, agents, successors and assignees.
‘you’ and ‘your’ refer to you, our customer.
Headings are for reference only and do not affect the interpretation of these terms and conditions. If any clause of these terms and conditions is ruled invalid in court, it will not affect the rest of our agreement with you, and all other
terms and conditions will remain in full force and effect.
FAIR USE 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; materially exceeds estimated use patterns over any week or month; 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;. 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. 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 without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of the services and/or withdraw your access to the services. 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).
VULNERABLE PHONE CUSTOMERS
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 360 Net can support you. 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. Who is a vulnerable customer? 360 Net 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. 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. 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 on the link below from the Commerce Commission.
5. Minimum contract period:
All our normal fibre plans are on open term except HyperNet plans, which are minimum on a 12-month contract. All the plans are based on Upfront service plans.
6. Your Invoices
Unless we agree or tell you otherwise in writing, we plan to send you an invoice at least every month for your internet and telephone charges. Invoices will be sent to your email address. You ensure the email address you have provided is correct and keep upto date.
6.1 Your invoice will clearly show the due date for payment which will be no less than 2 business days from the date of your invoices and will have the following:
(a) the quantity and cost of services supplied or estimated to be supplied.
(b) the period each charges 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 penalties or other charges additional to our usual fees.
6.2 More information about your charges and use of our services is available on the invoice. For more information, please contact us on live chat or email us at support@360net.co.nz
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. You remail obliged to pay all our fees and charges, even after you have ceased to be supplied by us or otherwise are no longer our customer.
7.USING OUR SERVICES
1. You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone’s rights or in a way which is malicious, obscene or offensive.
2. 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.
3. We can suspend or restrict the services we provide you at anytime if:
(a) you resell any of our services.
(b) you do not use the service sensibly and within our reasonable use guidelines
(c) we believe that you have breached any of our terms and conditions;
(d) you do not maintain monthly payments and or continually miss payments
4. 360 Net Limited’s personal plans are available on the basis of reasonable use. If you use the service in a way that 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; or
5. 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.
6. 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 360 Net Limited.
8. PHONE NUMBERS
1. 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.
2. If we need to change your number, we will send you notification by email and give you as much notice as possible.
3. We can withdraw or terminate any number at any time without liability, particularly if you do not comply with the instructions for use provided by 360 Net Limited.
4. You may be able to port your 360 Net Limited 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 at our sole discretion reallocate the number(s) associated with your account.
5. If you wish 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. You agree that Yellow can use your details for those purposes.
9. BROADBAND SERVICES
1. This clause applies if we provide 360 Net Limited Broadband services to you.
2. Your application of Service is subject to qualification check during the provisioning process. If we cannot provide the Service, you can cancel the Service order without penalty.
3. Our plan speeds 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. Nor can we guarantee that our Broadband services will always be available or that they can always be utilised for any particular purpose.
4. 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.
5. 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.
6. We may install equipment and carry out other work at a customer’s premises. If we do so at your premises, then you grant to us and our contractors an irrevocable licence to enter 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.
7. 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. While 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 availableduring 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.
8. You must not knowingly transmit any malware 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.
9. 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. 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 malware or other harmful code which you download via the internet.
10. Router
1. You will need a suitable modem/Router to use our internet service. We can provide a Router and everything you need to get up and running.
2. 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 2020. We will state explicitly under the routers you are purchasing from us if we can provide support for them. If you use your own modem/router, we cannot guarantee that it will be compatible with our services, or that it will remain compatible.
3. 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.
4. Router purchased from 360 net will be opened by the technicians for configuration. All Router units are brand new.
11. TERMINATION
1. 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.
2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.
3. You may terminate services with 360 Net Limited at any time with one months’ notice. In order to terminate your service, you must contact 360 Net Limited. As per section 4. 360 Net Limited do not provide refunds for unused service or credit balances.
4. In the case 360 Net Limited has provided hardware, such as modems, or desk phones not purchased outright must be returned upon cancellation of services, if these are not returned 360 Net Limited reserves the right to invoice for any items not returned.
5. On demand, any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.
6. Where you wish to terminate a service, you must do so:
by emailing us at support@360net.co.nz or
by contacting us on live chat through our website:
We will then immediately end our agreement and stop supplying your services, unless you request the services be terminated at future date (in which case we will terminate your services and stop supplying your services from that requested date). 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.
7. We can terminate the provision of any service to you at any time if:
you have not complied with these terms and conditions, 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);
we reasonably believe that you have supplied incorrect or misleading information to us;
you fail to pay any of our fees and charges in full and by the invoice due date
you are adjudicated bankrupt;
you or anyone who makes use of your service 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;
you harass, abuse or threaten our team members;
the network provider or any key service provider to us requires us to cease providing services to you under any agreement with them or our agreement with them comes to an end;
you no longer meet the eligibility rules for the services; or
we terminate or are entitled to terminate any other agreement we have with you.
8. If your services are terminated for any reason 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.
12. Installation
1. 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.
2. We can decide not to perform an installation for any 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, including after we have accepted your application and after the technician has visited your home.
3. 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) 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.
4. 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.
5. 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.
6. 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. 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
1. 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.
2. 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.
3. If you provide any of your own equipment (for example, your own modem, or equipment 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. We will not be able to help you if this equipment is faulty or if it is not compatible with our services.
4. 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. LIABILITY
1. We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
(i) if any communication is intercepted, not properly transmitted or received;
(ii) for any disruptions or delays with the use of our services;
(iii) for any delay in commencing the provision of services
(iv) for any incompatibility with other services
(v) if any software or equipment we supply does not operate properly;
(vi) for any error in any directory listing which we arrange
(vii) if your computer becomes affected by any virus or worm.
2. We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
3. 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.
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.
5. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to our average charges to you for one month in respect of any single event or related series of events and to a maximum amount equal to our average charges to you for a three month period in any one year.
6. If you are acquiring the Services for the purposes of a business, or if you indicate to us you are doing so, then you agree that the provisions of the Consumer Guarantee Act 1993 do not apply to any Services we provide to you under this Agreement.
7. If you are acquiring the Services other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in this Agreement. Subject to your rights under the Act and the liability cap in clause 8.5, except where we cause direct damage to your property due to our negligence, to the extent allowed by law we have no other liability to you or any other person in respect of this Agreement.
15. PRIVACY
1.We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, email address, contact phone number and credit card information.
2. You agree that personal information that we have obtained from you can be shared with other networks, for the purpose of monitoring and investigating fraud and other offences. We may also share your information with public sector agencies in order for them to investigate an offence.
3. Any personal information we collect is kept at our offices at 3/3 cunard street , new Lynn Auckland or on our online portal. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.
4. 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.
5. We may record or monitor calls between us to verify information and for staff training purposes.
6. If another 360 Net Limited customer calls you, your name will appear on that person’s account as the called party. If you do not wish this to occur then email 360 Net Limited support support@360net.co.nz
16. CHANGING THESE TERMS
1. We can change these terms from time to time by giving you 30 day’s Notice including any change in pricing and offers. We will inform you of any change to our terms by emailing you or by providing relevant information on our website. The latest terms and conditions are available at www.360net.co.nz
17. NOTICES
1. 360 Net Limited 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.
2. If your contact email address changes you must advise us of the new details as soon as possible.
3. 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.
18. OTHER MATTERS
1. These terms are to be interpreted in accordance with the laws of New Zealand. Any dispute regarding the provision of our services under these terms is to be determined by New Zealand courts.
2. You must not assign your rights under this agreement. We can transfer our rights and obligations under this agreement to anyone else. We will notify you if we do so.
3. 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.
19. 360 Net Limited PORTING TERMS AND CONDITIONS
1. I confirm that I have the authority to request the porting of the numbers referred to in the Number Porting Form and authorise 360 Net Limited to act on my behalf for the purposes of porting the numbers listed in the porting form.
2. I will be responsible for all costs associated with porting the phone numbers. 360 Net Limited will not be liable to me for any direct or indirect loss or damage resulting from failure or delay in the porting process.
I understand;
1. That to effect the port, 360 Net Limited will supply information entered in the porting form to third parties for the purposes of porting the numbers.
2. That when a number is ported I will no longer receive service from my current service provider and that it is my responsibility to check the terms and conditions of my contract with the existing provider, in relation to the numbers I wish to port, to find out if I have any outstanding obligations to the provider and to discharge such obligations.
3. That when a number is ported, any services associated with this number could be cancelled or impacted as part of the porting process and I accept that 360 Net Limited takes no responsibility if any of my other telecommunications services are adversely impacted as a result of my number port request. This extends to internet services and any linked numbers.
4. That 360 Net Limited is not obliged to accept my porting request.
5. That after porting my number to 360 Net Limited some of the services I currently receive may not be supported by 360 Net Limited, or may be accessed in a different way.
20. 360 Net Limited BROADBAND TERMS AND CONDITIONS
1.Our plan speeds 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. We cannot guarantee that our Services will always be available or that they can always be used for any particular purpose.
2. If you are on an Uncapped or Unlimited Plan, the total amount of data you can upload or download is unlimited. 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. 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.
3. To ensure you have the best experience possible on your 360 Net Limited Broadband service and to ensure your network conditions are optimal for real-time voice and video traffic we manage your other internet traffic to avoid packet loss, latency and jitter conditions.
4. Unlimited plans are intended for use by a single end customer. Running server farms or sharing a connection across multiple customers is prohibited.
5. Listed prices are for standard installations only. Complex installations are POA.
6. Additional charges such as no fault found fees will be on charged as appropriate.
7. 360 Net Limited Broadband 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. There will be no part month refunds.
8. All rates and fees are in NZ Dollars. We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our website www.360Net.co.nz.
21.Billing cycle
You can pay by various options to keep your account up to date. Credit card or Visa debit.
Monthly Billing Cycle
Upon sign-up; Invoice will be due one day before the activation date
Subsequent Invoice Generation:10 days before the customer’s individual billing cycle
Due Date for Subsequent Invoices: 9 days from the invoice date
Account Disconnection Service will be up and running until the payment is made for. Reconnection fee of $29.99 applies after nonpayment.
First Invoice: Customer will need to make payment for the first month upfront for their internet connection to go live. Subsequent Invoice Generation: After the initial activation, customers will receive invoices 10 days before the start of their individual billing cycle. Due Date for Subsequent Invoices: The due date for subsequent invoices is set to 9 days from the invoice date.
All our Monthly and Hypernet plans ‘ billing cycle is based on 29 days.
Account Disconnection: If no payment is made, service will be active up until the day the payment is made for. After this if customer wants to reinstate the connection, they will pay reconnection fee $29.99 + one month upfront and is payable before reactivating the account/connection.
Customers have an option to Pay Weekly for the fibre plan they choose. 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.
Weekly Plan options:
Turbo Edge 300/100 – 300 MBPS download &100 MBPS upload Weekly : $22.50 inc GST.
Quantum Quick 900/500 -900MBPS download & 500 MBPS upload Weekly: $27.50 inc GST.
Easy Stream 50/10 – 50 MBPS download & 10 MBPS Upload Weekly : $14.99 inc GST
* Average download/upload speeds at busy times. Experienced speeds maybe higher or lower.
No Connection fee one off $29.99
Outright price Router TPLINK AX180 $135 inc GST
Router delivery charges – $14.99
No Term contract, No Exit/termination fee applies on weekly upfront plans.
No Monthly discounts /any other offers apply in conjunction with any other offer on weekly upfront plans/offers.
Payment methods: Visa/Credit card
Weekly Billing Cycle:
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.
- 1st payment: January 30, 2024 (paid in advance for the week of February 6th to February 12th)
- 2nd payment: February 6, 2024 (paid in advance for the week of February 13th to February 19th)
- And so on…
Disconnection of Services on Weekly Upfront Plans:
If payment is not received by the end of the due date, services will be terminated.
Right to Cancel & Refunds:
Customers who sign up via our door-to-door or tele-sales channels (Outbound) have the right to cancel within 5 working 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.
Changes in Terms and Conditions:
360Net will notify customers of any changes in terms and conditions, including changes in pricing or offers, by providing reasonable notice before implementing any changes.
Reconnection of Services:
If a customer wishes to reactivate services with 360Net, a reconnection fee of $29.99 applies, along with payment for 2 weeks upfront.
Please note that these terms and conditions are subject to change, and it is the responsibility of the customer to stay informed of any updates or modifications. 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.
Thank you for choosing 360Net as your internet service provider. We appreciate your business.
22. Payments /mode of payments:
Monthly or Weekly,
Customers can use to pay via Visa debit or credit card. 360 uses third party providers for processing the payments “Stripe, Poli, Afterpay . please note 360net does not store any payment details of the customer.
Should the customer has insufficient funds in their preferred debit or credit card.
We reserve the right to make multiple attempts to debit weekly amount as per the plan chosen by the customer until the subscription renewal date , so that the customer services are activated.
Customer authorize and will accept our third party providers terms and conditions including 360net terms and conditions at the time of sign up.
Stripe terms and conditions apply.
Afterpay terms and conditions apply.
Poli terms and conditions apply
For more information on terms and conditions of third party providers please visit :
23. Faults and call-out Services.
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 with equipment in your home, there may be a minimum charge (such charge may vary from time-to-time). 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.24. Consumer protection laws and Liability
The Consumer Guarantees Act 2020 and the Fair-Trading Act 1986 apply alongside these terms. You can visit www.consumeraffairs.govt.nz to find out more about your rights under this legislation. Nothing in these terms and conditions (including this clause 10) limits any rights you may have under the Consumer Guarantees Act 2020 and/or the Fair-Trading Act 1986.25. Forces outside our control
We strive to always provide quality services and to exercise reasonable skill and care in performing our obligations to you. However, in rare circumstances, we 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 our reasonable control. Other issues beyond our control (such as outages, network problems and problems with our network providers) may also prevent us from being able to supply services to you. If that happens, we will try to let you know about it as soon as we reasonably can. Where those circumstances prevent us from providing services to you, our obligations to you will be suspended in relation to the affected services and we are not liable to you in those circumstances.
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 2020 or Fair-Trading Act 1986. For local fibre companies’ liability to you when carrying out installations, please see your local fibre company’s end user terms (referred to in the ‘Internet services’ section of these terms and conditions).
26. Minimise your loss
If you suffer any loss because of your agreement with us, you must take reasonable steps to avoid or minimise your loss. We are not liable for any loss that results from your failure to take those reasonable steps. Also, we will never be liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill, or business.
27. Information and Privacy
Information we need from you
Our Privacy Policy (available on our website at www.360net.co.nz
) forms part of our agreement with you. It describes how we will collect, hold, use and disclose information and if applicable, how we will comply with the Privacy Act 2020.
1. We may change our Privacy Policy on 30 days’ notice. This notice will be on our website and will include reasons for any change.
2. You must provide us with, and you authorise any other person who holds information about you or the members of your household and your property to disclose to us, any information we reasonably request in relation to our agreement with you. We may require information from you to confirm your identity and may require a copy of a form of identification, such as a driver’s license, passport copy 18+card.
Any information you provide to us must be correct and complete. You must let us know as soon as possible if any information you have previously provided to us becomes incorrect or changes.
You can ask us for access to any personal information we hold about you. If you believe that information is incorrect, you can ask us to correct that information.
28. Information we need from third parties.
We may verify information or collect information about you, members of your household or your property, from other organisations or people such as credit agencies, any network provider and other suppliers; debt recovery or credit checking agencies or our lawyers for the purpose of reporting on your payment history, collecting outstanding moneys or credit checking, and other suppliers in New Zealand or their agents for credit reference and credit checking purposes; and any person in connection with any dispute organisation or scheme that we are a member of and any person to whom we are required to disclose such information either by law or in compliance with industry codes and standards, and you agree that those other persons may retain and disclose such personal information for so long as is reasonably required for their lawful purposes.
Our officers, employees, contractors and agents, including debt recovery and credit checking agencies, to whom we may disclose your personal information may: pass and disclose that information to other debt recovery or credit checking agencies and their subscribers; use that information for the purposes of debt recovery or credit checking; publish that information on their debt recovery or credit checking databases; and provide that information to third parties for purposes of checking repayment history or creditworthiness.
29. Storing your personal information
We will keep your information secure and, for individuals, will hold your personal information in accordance with the Privacy Act 2020.
Using your information
You authorise us to use, disclose and match any information about you and your services for the following purposes, including: for any purpose authorised by you, including communicating with authorised persons and alternate contacts to confirm your identity to supply internet and telephone services and any other products or services you have asked for e.g., third party technicians.to administer your account (including invoicing you, sending notices or communicating with you)to help improve our customer service, including monitoring and following up questions and complaints to help develop and/or improve products and services to inform or contact you about our products, brands, special offers, publications, and other promotions we think you may be interested in (including via email or other electronic communications)to conduct market research, including to disclose to a market research organisation for the purpose of contacting you or conducting market research on our behalf to meet the requirements of these terms and conditions, the law, industry rules and codes of practice to meet the requirements of our upstream suppliers to disclose to our related companies, as defined in the Companies Act 2020
for credit checking, credit reporting or debt collection, which may involve disclosure to a credit reporting agency. This information may be used by the credit reporting agency to update and maintain credit information files and may, in turn, be accessed by its customers.
to avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences
to verify your credit and payment history with your previous internet or telephone supplier
to disclose to a network provider for the purpose of installing, maintaining, or operating the network or communicating with you, and
to disclose to the Commerce Commission, or any other government agency or regulatory body, industry body or relevant industry complaints scheme.
29.1 In addition, there may be occasions where we disclose your information in other ways that are in accordance with the Privacy Act 2020.
30. Communications we have with you
We may record any communications we have with you, your authorised person or alternate contact to:
maintain accurate records of our dealings with you
confirm our contractual commitments to each other, and
help resolve any disputes between us.
We may also use recordings to train our employees and authorised agents and/or to monitor the level of service they are providing.
31. Complaints
1. If you have a complaint against us (other than a complaint about the nature or level of your reported electricity usage) please tell us as soon as sending us a message through live chat via on the website www.360net.co.nz or emailing us at support@360net.co.nz.
2. 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. We’ll also decide whether we think your complaint is related to network provider services, or our service.
3. 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.
32. Contacting you
You need to let us know if any of your email contact details change.
33. Joint Accounts
If more than one person is named as the customer on your account, each person is individually responsible to us under our agreement with you. We can require any of those people to meet the obligations under our agreement with you, including payment of any amounts owing.
34. Changes to our Agreement
We may change our agreement with you at any time. We will notify you of these upcoming changes on your next invoice or by email (including a link to the updated version of our agreement with you). We will only notify you of any change to any special terms that will continue to apply to you.
Any changes to our agreement with you will take effect from the first day of the month following the date of the invoice or email notifying you of the changes. From that date the updated terms and conditions will be made publicly available on our website at legal
35.Beneficial/neutral changes
We can make changes to these terms and conditions, our fees and charges, our plan documents, and any other part of our agreement if those changes will benefit you, or will not be detrimental to you, at any time without giving you notice.
Detrimental changes
If you are on a fixed contract term and we increase the price for the services you use, or if we make any change that negatively affects your Fuse of our services, then you will be allowed to cancel your fixed contract without paying any early termination fees. If you are not on a fixed term, then you will be given the chance to terminate your agreement with us before any such changes take effect.
36. General
Assignment
You must not assign your rights under our agreement with you. We can transfer our rights and obligations under our agreement with you to anyone else. We will notify you if we do so.
Delay
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.
Applicable law
These terms and conditions are governed by New Zealand law.
37. Defined Terms
Definitions
What some of the words used in this document mean:
‘business day’ means any day not including a Saturday or Sunday or any public holiday.
‘equipment’ means any hardware, software or other infrastructure used in connection with a service.
‘fair use policy’ means our fair use policy, available at the end of this document, and as amended from time to time.
‘broadband services’ means services that provide internet access and email and other services provided in conjunction with internet access.
‘network’ means the telecommunications system used to provide the services to you and other customers.
‘network provider’ means local fibre companies, and any third party with whom we have an arrangement to resell services.
‘Month ‘ means 29 days’
‘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.
‘plan document’ means any document published by us describing the characteristics of any plan. These may change from time to time.
‘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.
‘residential customer’ means a natural person who acquires internet services or telephone services for personal, household or domestic use.
‘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.
‘we’, ‘us’ and ‘our’ refer to 360 Net , and where the context permits, includes their officers, employees, contractors, agents, successors and assignees.
‘you’ and ‘your’ refer to you, our customer.
Headings are for reference only and do not affect the interpretation of these terms and conditions. If any clause of these terms and conditions is ruled invalid in court, it will not affect the rest of our agreement with you, and all other
terms and conditions will remain in full force and effect.
Fair Use 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; materially exceeds estimated use patterns over any week or month; 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;. 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. 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 without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of the services and/or withdraw your access to the services. 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).
Vulnerable phone customers
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 360 Net can support you. 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. Who is a vulnerable customer? 360 Net 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. 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. 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 on the link below from the Commerce Commission.