1. CONSUMER TERMS
1.1 These Terms and Conditions are our Customer Service Agreement with you and relate to the Services we provide to you.
1.2 Additional Terms and Conditions may apply to our Services. We will either send you a copy or make a copy available to view on our website.
1.3 You will also be bound by any Specific Terms and Conditions relating to the FabNet plan you choose.
1.4 If there is an inconsistency between Specific Terms and these Terms and Conditions the Specific Terms are paramount.
1.5 We may change our Terms and Conditions, Additional Terms and Conditions, or Specific Terms and Conditions from time to time. We will either advise you of any changes or make them available for view on our website.
1.6 These Terms and Conditions continue to apply while you have an Agreement with us. Even if our Agreement with you ends clauses contained in clauses 6.1, 7.4.4, 7.4.6, 8.1, 9.4, 9.5, 9.8, 9.12, 11.6, 11.9, 12, 13.2, 13.4, 13.6, 13.7, 13.8, 13.9, 14, 16.1, 16.2, 16.3, 16.4, 16.5, 16.6, and 17 will endure. 1.7 You must be of at least 18 years of age to engage our Services.
2. SERVICES PROVIDED TO YOU
2.1 We may not provide Services to you before an Application for Services has been completed and the Application for Services has been approved and accepted by us at our sole discretion.
2.2 We cannot guarantee that once your Application for Services has been accepted we will be able to provide Services to you.
2.3 We reserve the right to decline any Applications for Services at our sole discretion.
2.4 We can only provide Services to customers located in our Areas.
2.5 We will provide Services to you within a reasonable time of them being requested.
2.6 You agree we can act on verbal instructions from you regarding the Services 2.7 We agree to endeavour to make all reasonable efforts to ensure our Services are reliable, good quality, and available at all times. Given the nature of telecommunication products we cannot guarantee the Services will be fault free.
2.8 Because our Services rely on connecting to our Wholesaler Services Provider’s network and equipment we do not control we cannot guarantee our Services will be accessible to you, even if we do accept your Application for Services.
2.9 If our Wholesale Services Provider changes their connection points, we may not be able to continue to provide our Services to you. 2.10 We also cannot guarantee that our Services will be will always be fully functioning. 2.11 If a fault occurs we agree to endeavour to restore our Services as soon as possible. 2.12 We cannot guarantee the confidentiality of any calls or transmissions you make via our Services due to the nature of the telecommunications industry. We agree to take reasonable security precautions. 2.13 Our Services to you will continue until terminated in accordance with these Terms and Conditions and our Agreement with you.
3. CHANGES TO SERVICES
3.1 We reserve the right to change or discontinue our Services. If we do this we will endeavour to give you at least 20 working days’ notice. If we are unable to give you notice prior to the change in order to protect our network we will advise you of the change immediately following the change.
3.2 If we discontinue any of our Services or a package of Services we will endeavour to move you onto a comparable package of Services.
3.3 We reserve the right to terminate or discontinue Services if the Services are dependent on our Wholesale Service Provider to provide Services to us and our Wholesaler Service Provider is unable or unwilling to provide continued Services to us on terms acceptable to us. We agree to provide you as much notice as reasonable able to, and will endeavour to provide you alternative Services.
3.4 If you do not agree to any changed Services or package of Services we offer to provide you then notwithstanding anything else in these Terms and Conditions, you may cancel that Service within 10 working days of receiving our notice.
3.5 If our Wholesale Service Provider changes their terms with us we may need to change these Terms and Conditions.
4. YOUR RESPONSIBILITIES
4.1 By engaging our Services you agree to:
4.1.1 Ensure the information you give us about you is correct;
4.1.2 Notify us in writing immediately of any change of address, or landline number, or any relevant contact details.
4.1.3 Follow our instructions in respect to our services.
4.1.4 Use the Services only for the purposes they are provided.
4.1.5 Not use our Services in a way may break any laws, breaches these Terms and Conditions or infringes anyone’s rights.
4.1.6 Use our Services in any way that is unlawful, malicious, obscene, or in a manner that could interfere with our network or providers’ networks.
4.1.7 Use our Services in a way that interferes with anyone else’s use of our Services.
4.1.8 Use our Services in a way which could result in a claim being made against us.
4.1.9 Use our Services in a reasonable and responsible manner.
4.1.10 Pay for the Services that we provide to you by the Due Date on your Invoice.
4.1.11 Ensure that anyone else using the Services that we provide to you also complies with these Terms and Conditions and these responsibilities.
4.1.12 Follow our instructions and direction in regards to our Services.
5. SUSPENSION, RESTRICTION, OR DISCONNECTION OF SERVICES
5.1 We reserve the right to suspend, restrict, or cancel your Services at any time and without notice if:
5.1.1 We believe it is necessary to protect or maintain our network, or our Wholesaler Service Provider’s network or to respond to an emergency.
5.1.2 You have breached these Terms and Conditions and fail to remedy such breach within 7 days of our notice to you.
5.1.3 The health and safety of any person is at risk.
5.1.4 We believe our network or our Wholesalers network is at risk of being damaged.
5.1.5 You abuse, threaten or harass any of our team members or anyone acting on behalf of us.
5.1.6 You fail to make payment of your account on the Due Date.
5.1.7 We consider you a credit risk.
5.1.8 You re-sell or supply the Services or use it for a purpose other than the purpose it was intended for.
5.1.9 You use our Services in a way that we consider abusive, offensive, unreasonable, illegal, unauthorised, fraudulent, or in any way that infringes anyone’s legal rights.
5.1.10 Our Wholesale Service Provider discontinues providing us services or terminates their agreement with us.
5.1.11 We terminate our agreement with our Wholesale Service Provider.
5.2 If your Services are suspended or restricted normal charges through fault of your own we will continue to apply Charges to your account during the suspension or restriction of any Services.
5.3 If your Services are permanently disconnected your account will only be charged for the period up to the date of suspension or restriction.
5.4 If we agreed to reconnect your Services we reserve the right to charge you a reconnection fee in accordance with our Fees Schedule before you can use the Services again.
5.5 Reconnection of any services will be subject to our approval.
5.6 We agree to endeavour to contact you prior to any suspension or restriction of your Services, however, this may not be possible in all circumstances.
5.7 If we have temporarily suspended our Services in order to carry out maintenance on our network or our Wholesaler Service Provider’s network we will use our best endeavours to minimise disruption to you and fully reinstate the Services as soon as the maintenance or development work is completed.
6.1 You agree to pay for all Charges relating to the Services we provide to You. 6.2 We will specify all Charges incurred in our monthly invoice to you;
6.3 We reserve the right to vary our Charges from time to time.
6.4 You acknowledge that if our Wholesale Service Provider charges to us increase our Charges to you may increase.
6.5 If we increase our Charges we will give you 30 days’ notice;
6.6 If you are on a fixed plan and do not agree to such increases you can terminate your agreement within 10 working days of our notice to you without incurring any early cancellation fees in accordance with our Fees Schedule;
6.7 If you are on a minimum term plan we will not change the Charges for this plan during the term of your minimum term plan unless the change is of the result of a regulated charge outside of our control (including but not limited to a tax imposed from the Government);
6.8 In some circumstances you may be liable to us for a service fee in accordance with our Fees Schedule. We will endeavour to give you reasonable notice before such fee is incurred;
6.9 You may incur additional Charges for calls or transactions made on another operator’s network where those Charges are charged to a phone line billed to you by us;
6.10 We reserve the right to carry forward any Charges to the following months billing period;
6.11 Fixed charges are payable in advance;
6.12 Usage based Charges (e.g. toll calls) are payable in arrears;
6.13 If any Charge is not expressed to be GST inclusive you must pay us the GST in addition to the charge;
6.14 If you believe there are unexplained Charges on your invoice please let us know as soon as you become aware of these Charges and we will investigate them for you;
6.15 Charges begin from the day you become connected to our network;
6.16 Some Charges may not show on your invoice until after the month they were incurred. You will still be liable for such charges.
7. PAYMENTS/ INVOICES
7.1 We will provide you with monthly invoices by electronic mail unless otherwise agreed;
7.2 You agree to pay the full amount of each monthly invoice by the Due Date; 7.3 If you have notified us of a mistake in your invoice and we have agreed there is a mistake we will at our discretion adjust your next invoice accordingly or provide you with a refund;
7.4 If you fail to pay your invoice by the Due Date we reserve the right to:
7.4.1 Charge you a late Payment fee in accordance with our Fees Schedule;
7.4.2 Require you to put in place a direct debit for payment;
7.4.3 Register your payment default with a credit agency;
7.4.4 Collect from you all reasonable costs incurred in recovering the money owing by you (including but not limited to credit collection, court costs and disbursements, and legal costs on a solicitor client basis);
7.4.5 Suspend, restrict, or cancel any Service provided to you; and/or
7.4.6 Charge you a disconnection fee and/or reconnection fee in accordance with our Fees Schedule.
7.5 You may pay your invoice by online banking, credit card, debit card, or direct debit. If you wish to pay by any other form of method we reserve the right to on charge you any additional fee associated with your chosen method.
8.1 As we may install equipment and carry out work at your premises you agree to allow us the access we require to install such Services or to maintain, monitor, or remove any of our equipment or our network providers equipment.
8.2 You agree to allow access to our Wholesale Service Provider if any of their equipment is to be installed at your premises to enable connection to their network.
8.3 You agree to obtain all necessary consents to enable such access for us and our Wholesale Service Provider.
8.4 You agree to provide suitable conditions for any equipment installed in the Services, including reliable electricity supply with surge protection.
8.5 If through no fault of us you cancel your order with us after you have been provided with an installation date, we reserve the right to charge you a cancellation fee in accordance with our Fees Schedule.
8.6 We agree to follow any specific policies, procedures, or existing arrangements for access provided that copies of such policies and procedures or existing arrangements are provided to us in advance.
8.7 You acknowledge that we may not be able to install our Services if adequate access is not provided.
9.1 Any equipment provided to you will remain our sole and absolute property and you will provide and maintain, at no cost to us, suitable space for safe and secure housing of our equipment provided.
9.2 You may be provided with equipment that belongs to our Wholesale Service Provider. This property will remain their sole and absolute property.
9.3 If any of our Wholesaler Service Provider’s equipment is installed at your premises you agree to agree to their specific terms and conditions relevant to their equipment, which we will provide you.
9.4 You agree to allow us or our Wholesaler Service Provider access to inspect, maintain, replace, update, or remove any equipment that we consider necessary.
9.5 You agree to ensure that no person interferes with or damages our equipment or our Wholesale Provider’s equipment located at your premises. If any of our or our Wholesale Service Provider’s equipment is damaged, stolen or lost while in your possession (other than as a result of fair wear and tear) then you agree to pay to us the cost of making good such damage or for the cost of replacement of our equipment or our Wholesale Service Provider’s equipment. 9.6 You agree to notify us immediately if any damage occurs to our equipment or our Wholesale Provider’s equipment.
9.7 You will need a compatible modem to use our Services. We may provide you with a modem and anything else you need to use our Services. Any modem provided will remain our property.
9.8 You agree to return our modem to us if you cancel your Services with us. 9.9 We reserve the right to occasionally manage your modem to ensure a high level of security. This may include tasks involved with updating and changing software and settings.
9.10 We do not have any liability for any equipment not supplied by us.
9.11 You are responsible for any telephone sockets and wiring inside your premises and for fixing any fault in them (unless the fault was caused by our Services).
9.12 If we discontinue our Services to you or our Agreement is terminated you agree to allow us access to your premises to remove any equipment belonging to us or our Wholesale Service Provider.
10.1 We cannot guarantee that our Services will always be available. If our Services become unavailable due to any fault we endeavour to restore our Services as soon as possible.
10.2 We will take all steps reasonable to fix all faults on our network as soon as they come to our attention.
10.3 You acknowledge that faults on our Wholesaler Service Provider’s network or equipment may occur from time to time. We will endeavour to work with our Wholesaler Service Provider to fix any fault as soon as possible but we ultimately have no responsibility for a fault on their network.
10.4 You agree to allow us and/or our Wholesale Service Provider reasonable access to your premises if required to fix any fault.
10.5 You acknowledge that from time to time network congestion can occur unexpectedly. When congestion occurs due to high internet traffic we will do our best to elevate it as quickly as possible.
10.6 There are factors outside of our control that may affect the performance of the Services e.g. the quality of the cabling connecting you to our Wholesaler Service Provider’s network.
10.7 The plan speed specific to your package refers to the maximum speed possible however actual speed depends on a variety of factors and you may never achieve maximum speed due to factors such as the nature of the networks they are connected to. Our control of speeds is limited to the connected network. If you are connecting to equipment outside of our control it may not be possible for you to achieve maximum expected speed.
10.8 If we have arranged a time with you to come and fix a fault and you fail to give us (or our Wholesale Service Provider as the case may be) access at the agreed time we reserve the right to charge you a call out fee in accordance with our Fees Schedule.
10.9 If you become aware of a fault you agree to notify us as soon as possible.
11.1 Dependent on the package plan you are on a minimum term may apply to you.
11.2 You agree that these Terms and Conditions will continue to apply after expiration of any minimum term until you give us notice that you wish to terminate our Agreement with you.
11.3 If you wish to terminate a Service that is subject to a minimum term and you are ending the Services that minimum term then an early termination fee in accordance with our Fees Schedule will apply to you and you agree to pay such fee.
11.4 Once we have received your notice of termination charges will stop 30 days after we receive your notice to terminate your services, unless we agree that charges will stop earlier. You can choose to continue to receive the benefit of the service during the 30 days’ notice period.
11.5 On termination of any service provided to you we will cease providing the Services however we may retain some information, data or material about you in relation to use of the Services, including personal information provided that this complies with the Privacy Act 1993.
11.6 On termination of your Agreement with us you agree to pay our charges as billed to you, within the Due Date for payment shown in your invoice and meet your responsibilities to us of any other third party network.
11.7 We reserve the right to end the Agreement with you for any reason by giving at least 30 days’ notice.
11.8 If you move premises (at which the Services are provided) you agree to give us 30 days’ notice of your move.
11.9 If you terminate the Services we provide to you, you may be liable for a disconnection fee in accordance with our Fees Schedule and any recurring charges or charges that are subsequently billed to you up until the effective date of termination or the later of your current billing period.
12. OUR LIABILITY
12.1 FabNet shall not be liable for any loss or damage arising from:
12.1.1 Any loss caused by an act or omission by you or attributable to you, or any loss that results from your failure to take reasonable steps to mitigate or avoid such loss;
12.1.2 Loss of data;
12.1.3 Loss of profits, loss of use, economic loss, loss of income, or increased or alternative costs suffered by you or any other person however caused;
12.1.4 Loss caused from something outside of our control (a force majeure event) including but not limited to bad weather or other act of God, terrorism, strike, war, or shortage of labour or materials.
12.1.5 Loss or damage caused to you by any act or omission of, or due to, the negligence of a third party.
12.2 To the extent permitted by law FabNet Limited excludes all liability in contract, tort (including negligence) for any indirect or consequential loss, damage, or expense of any kind arising under this Agreement.
12.3 FabNet Limited shall not be liable for any loss unless the loss was caused by the wilful act, neglect, or default of us, in which case our liability is limited to one month Charges.
12.4 In the event that FabNet has not successfully excluded its liability and notwithstanding any other provision of this Agreement you agree that our maximum aggregate liability for any loss or for any act or omission, including any default under this Agreement shall be limited in accordance with clauses 12.7. 12.5 We are not liable to any other person other than you in connection with this Agreement or the Services. You agree to indemnify us against all claims made by any person other than you against us in connection with or arising from this Agreement or you or any other persons use of our Services or services that that person acquires from you that are based on or dependant on or arising from the Services which we provide pursuant to this Agreement.
12.6 If we are unable to carry out any of our obligations to you under this Agreement because of a force majeure event these terms shall remain in force however we shall not be liable for the period during the force majeure. If the force majeure continues for a significant period of time we will notify you at earliest practical time.
12.7 In any event that we are liable to you our liability shall be limited to:
12.7.1 $5,000.00 for one incident; or
12.7.2 $10,000.00 for numerous incidents within a 12 month period.
12.8 These limitations are subject to and do not limit any rights and remedies you may have under the Consumers Guarantee Act 1993 or Fair Trading Act 1986. 12.9
13.1 You acknowledge that to enable us to provide you with Services we may need to collect Personal Information about you.
13.2 You may request to see the Personal Information we hold on you at any time.
13.3 You may request that any incorrect Personal Information held by us is corrected.
13.4 We agree that we may share your Personal Information to relevant third parties (i.e. our employees, contractors, agents, our Wholesale Service Provider, debt collection agencies, and business partners).
13.5 We may record calls you make to us for verification purposes and staff training purposes.
13.6 You agree that we can share your personal information to others for the purpose of monitoring and investigating fraud and other offences. We may share your Personal Information with public sector agencies to assist them with investigating an offence.
13.7 We may disclose your Personal Information or information about your use of our Services without your permission if we have a good faith belief that it is necessary to conform to legal requirements, or comply with legal process.
13.8 We may disclose your Personal Information in order to protect our rights or property or enforce these Terms and Conditions.
13.9 If we consider it necessary may require credit references and other credit information about you. We may supply your Personal Information to a credit reference agency in order to check your credit rating.
13.10 Your rights in relation to credit information are set out in schedule 4 of the credit reporting privacy code. For more information visit the Office of Privacy Commissioner’s website www.privacy.org.nz/credit-reporting-privacy-code
14.1 If you wish to make a complaint about us please contact us on 0800 726 266. We agree to endeavour to resolve your complaint within 15 working days. 14.2 If there are delays involved with resolving your complaint we will notify you of such delays.
14.3 In some instances we may request that you put your complaint in writing. 14.4 If you are not satisfied with our suggested resolution to your complaint you may notify us and we will endeavour to resolve your complaint within another 20 working days.
14.5 You may refer your complaint to the Telecommunication Dispute Resolution (TDR) to investigate the dispute for you free of charge.
15. CONTACTING YOU
15.1 We may contact you by phone, post, facsimile, or email.
15.2 You agree to keep us informed of your current contact details.
15.3 We will not be liable if we do not have your current contact details.
15.4 Notices sent to you will be deemed to have been received 3 days after being mailed, or on the day of transmission if sent by email.
16.1 You acknowledge that If you are using our Services for business purposes as defined in the Consumer Guarantees Act 1993 the provisions of the Consumer Guarantees Act 1993 don’t apply to our Services.
16.2 You agree to be bound by the end-user-terms of our Wholesale Service Provider and acknowledge that our Wholesale Service Provider may enforce those terms against you directly should you breach them.
16.3 Termination of this Agreement will not affect any other legal remedies we may have against you.
16.4 This Agreement is governed by the laws of New Zealand.
16.5 If any aspect of the Agreement is or becomes invalid, it will not affect the remaining terms included within the Agreement , which will remain in full effect. 16.6 A delay in exercising any right of ours under this Agreement will not be deemed a waiver of that right. A failure to exercise a right on any occasion does not prevent us exercising that right at a later date.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 Fabnet Limited will at all times retain ownership of all right, title, and interest to all Intellectual Property owned, developed or utilised by FabNet Limited in the supply of their Services together with any improvements developed by FabNet Limited from time to time.
17.2 You agree not to deal with our Intellectual Property in any way that is inconsistent with our rights.
18.1 We may transfer or assign any or all of our rights under this Agreement to another party. We will notify you of such assignment.
18.2 You may not assign any rights, obligations, or responsibilities set out in this Agreement to anyone else without our prior written consent.
19.1 In these terms and conditions “we”, “us”, “our”, means FabNet Limited and where applicable our agents and/or contractors.
19.2 “You” means the customer or anyone exercising use of our Services via the customer.
19.3 “Services” means all services we provide to you under these terms and conditions and agreement with you.
19.4 “Agreement” means this agreement, including theses terms and conditions together with any additional terms and conditions or specific terms and conditions relating to any services provided to you together with any variation, replacement, or substitution from time to time.
19.5 “Areas” mean Dunedin, New Zealand or such areas we advise from time to time
19.6 “Application for Services” means the application form that is completed by you (or us on your behalf if the case may be) to request use our Services.
19.7 “Wholesale Service Provider” means Chorus New Zealand Limited, any other provider we elect from time to time.
19.8 “Fees Schedule” means our fees schedule setting out our fees which will either be provided to you or located on our website and may be amended/ updated from time to time.
19.9 “Charges” mean all amounts payable by you to FabNet Limited for the Services we provide to including all amounts specified in your plan or anywhere else in accordance with this Agreement.
19.10 “Invoice” means the account rendered by FabNet Limited.
19.11 “Due Date” is the 20th of the month following the month in which
19.12 “Personal Information” means your full legal name (or other names you may go by), place of residence/ home address, phone number(s), email address, date of birth and any other information we consider necessary to identify you.
19.13 “Intellectual Property” mean all copyright, trademarks, trade name, design, systems, know how, techniques, procedures, and practices of FabNet Limited.
If you are not happy with the goods purchased, you may exchange the goods for something else in store or request a store credit. If you exchange the goods for something of lesser value we will provide you with a store credit for the balance of the purchase price of the original goods.
Refunds will be issued at Fabnet’s discretion and will be processed with 7 days from purchase.Fabnet will only accept returns if they are returned in their original condition with packaging and invoice. The following goods are excluded from Fabnet’s returns policy (except if they are faulty):
Personal Care Items
Headphones(out of packaging)
Gift Cards, SIM Cards, Recharge Cards and Vouchers i.e. iTunes
VR headsets(out of packaging)
3. If 7 days has passed by since your purchase, unfortunately Fabnet cannot offer you a refund or exchange.
4. Fabnet provides you with a 12 month warranty on any faulty goods purchased from any Fabnet store.
5. If the goods sold are faulty due to a hardware related problem we will either repair the goods or replace the goods with an identical type.
6. If we cannot repair or replace the goods within a reasonable time, we will provide you with a refund of the purchase price.
7. There are some things Fabnet’s warranty is unable to cover, which include, but is not limited to, liquid damage, force damage, damage due to misuse, wear and tear, user inflicted damage, infestation, mould or mildew. Please be careful with your device. If there is evidence of any of the above,this may void your warranty.
8. If you purchased the goods in store, you must return the goods via the same store.
9. Your warranty will be void if you attempt to repair the goods yourself or take the goods to a third party for repair. Fabnet will not cover any reimbursement for third party repairs. Your warranty will also be void if you attempt to unlock any device purchased yourself.
10. Our warranty covers a battery that fails from a manufacturing defect but it does not cover batteries that wear out from normal use. Fabnet’s returns policy is not intended to exclude or limit any rights which you may have as a consumer under the Consumer Guarantees Act 1993 or any other relevant New Zealand consumer legislation.