Thank you for reading our Term and Condition. Hereon we refer to you as the “Customer”. Please read and familiarise yourself with these T&C’s to ensure you understand the agreement you are entering into with Unlimited Internet Limited (hereon referred to as “UI”).
These Terms and Conditions (“Customer Terms”) apply to all goods, products and services of any kind supplied by UI (referred to as “we”, “us”).
General Sign Up, Relocate and Transfer.
Any rights and obligations provided under these terms and conditions to you as a customer work alongside any statutory rights provided by the Consumer Guarantees Act 1993, and The Fair Trading Act 1986. In no way do these terms and conditions contract the consumer out of these statutory rights.
Reasonable and Reasonableness. All commitments and obligations on Unlimited Internet and the Customer are to be interpreted under the standard of care of reasonable or reasonableness. Any disputes necessitating judicial interpretation will be under this standard.
You sign up with us by providing your first name, last name, date of birth, contact details including service address and email address. Clicking the check box on our checkout page means that you are acknowledging that you have read these terms and conditions, this means you have given consent by way of electronic signature.
You are responsible for providing us correct information and keeping it up to date i.e. change of address or contact details.
It is your responsibility to declare any disability or medical condition that requires you to have uninterrupted service. This must be declared on the day of sign up.
All Services are provided on an “as is, as available” basis.
We are not obliged to provide you services unless we accept your application. It is at our discretion whether or not to accept any application. All Services are provided subject to Internet availability and access at your service address.
UI gives no warranty, express or implied, for the Product/Services, including any reimbursement for losses of income due to disruption of Services by UI or its providers for any amount greater than the fees paid by the Customer to UI for the Services. As a residential plan The Customer irrevocably waives all right to claim reimbursements for loss of any income as a result of interruptions to Product/Services provided by UI. This does not negate right to a reasonably proven claim or remedy under the Fair Trading Act 1986, or Consumer Guarantees Act 1993.
The Customer warrants to UI that they will use the Product/Services provided by UI in a manner consistent with the laws of New Zealand and any local laws to which the Customer is subject in its use of the Internet. The Customer further indemnifies UI against all liability for the illegal use of the Internet and any criminal, copyright, civil or other sanctions which may result from the illegal use of the Internet in any and all jurisdictions in which the Customer operates using UI’s Network in any way.
While we take all reasonable security precautions, the nature of Telecommunications Services means that we cannot guarantee the confidentiality of any calls or transmissions you make using our Product/Services. We reserve the right to change or vary any Product/Service or price at any time, we may also decide to stop providing a particular Product/Service. We will notify you 30 days prior to making a variation to your Product/Services via email.
Unlimited Internet Ltd must be given 30 days’ notice for termination of all services. All termination requests must be done by contacting our customer support through the online ticket system or by email.
Our residential contracts are not of a fixed term nature. As a one-off transaction, the service is renewed on a month by month basis until the customer gives one months’ notice to terminate. However please note, if you are signing up to our Business service, these are 12-month contracts with a break fee for this service.
As a one-off transaction to protect our business we reserve the right to terminate when the customers use is detrimental. In such circumstances, the customer is given seven days’ notice and a refund of any remaining proportion of that month’s charge. As such you suffer no loss and have adequate time to transfer to another provider.
We reserve the right to restrict, suspend, or stop any account or service for any use we deem to be detrimental to our network and other customers use of the network.
Relocation (Move Address)
If you are changing/moving to another address, a $49.00 relocation fee will apply. You may request a specific date for service connection giving 14 days’ notice. There is no guarantee given that we will be able to provide the same or any plans or services at a new address. If there is no intact DSL connection at the new address, a $150 fee may apply instead.
Transferring from a previous service provider
To ensure a smooth transfer, do not advise your previous service provider of a cancellation date until you receive a ready for service date (RFS) from us. Once you have received the date, you can cancel your previous service from that date. Failing to follow this instruction could result in an extra cost and or interruption to your services.
For any existing customer, if you are moving from one address to another, and want to transfer the existing account services you have with us, there will be a one off charge of $49 to (Move Address). We do require at least 14 days’ notice for reconnection at your new address. If there is no intact DSL connection at the new address, a $150 fee may apply instead.
Please note that not all plans and services will be available at your address.
Service charges will apply at the prevailing rate for any additional services supplied such as wiring, technician visits and other such work conducted by our suppliers or its subsidiary companies or contractors, in relation to the provisioning or management of services supplied.
All business plans offered by UI are on a fixed term contract for 12 months.
Our contract break fee for a 12 Month contract is $195 including GST.
You acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to services you buy for business purposes.
Further Charges for additional services may apply, such as move of address, change of service type.
VOIP service voicemail services will incur additional costs.
POTS line transfer from another provider – $25.00
VOIP line transfer from another provider – $25.00
Static IP addresses are not intended to be used for hosting of publicly accessible content, this is banned on our network and default hosting ports are blocked.
As a means of protecting our clients, we restrict access to certain high-risk ports. These ports are not typically required for normal residential use and are often associated with compromised, vulnerable or commercial services. Should you require to expose an internet facing TCP/UDP port for non-commercial personal use this can still be achieved using a non-standard port.
Any faulty equipment will need to be returned at your cost. The equipment can then be analysed and assessed by our staff to determine if a replacement is required.
We are not liable for any hardware, performance, fault or firmware issue of any third party equipment purchased independently from UI by the customer from any retail shops.
Wi-Fi is defined as any “wireless local area network” (WLAN). We cannot guarantee your Wi-Fi speed as there are many limitations outside of our control which can include but are not limited to: range, interference, different hardware brands, specifications and local conditions.
In order to protect other users on our network and our upstream providers, we reserve the right to limit or restrict, via traffic management systems, any connection which we deem to be using an extreme, excessive and unusually heavy amount of bandwidth, at our sole discretion.
By ordering a new connection, reconnection, or second line at a property, you agree to pay a Line Installation fee.
Charges will apply in addition to connection and wiring fees for a new connection or reconnection where no standard POTS (telephone) connections are currently available. It is your responsibility to ensure you supply UI all the relevant information possible, including the telephone number previously connected at the address, to allow our suppliers to assess the availability of connections. If there is a lack of sufficient information provided, our suppliers may be unable to identify any previous connections at your address. This could result in our suppliers deeming it a brand new connection. In this case, they will assign you a new connection to your location, and Line Installation charges may apply.
Our suppliers may apply charges at their prevailing rates for any additional works done such as wiring, technician visits and other such work conducted by them or their subsidiary companies or contractors in relation to the provisioning or management of Services supplied.
All services come with no performance guarantees or service level guarantees, due to circumstances outside of our control.
Billing and Credits
We do not refund the “$49.00 NZD Admin Fee” which you have accepted by clicking the check box during your online signup process – This is non-refundable in the circumstances that you choose not to proceed with our service, when we are capable of providing you with the service at your service address.
Pricing may increase at our discretion. This might be due to, but not limited to circumstances such as increasing operating costs such as power, bandwidth and/or administration costs. Any such price increase will be communicated to you with 30 days’ notice of such increase.
The Customer will be billed one month in advance from the date the service becomes active.
UI only accepts payment by Visa, Visa Debit or MasterCard, Internet Banking (Direct Credit) and Phone-In Credit Card.
All invoices are automatically generated by our system and emailed to you monthly.
If you have any issues or concerns with the billing it is your responsibility to bring this to our attention by making contact with us via email or phone.
If you make a credit card payment online through our website, you will receive a payment confirmation notice via email.
If you have received our order confirmation notice, you will receive our invoice.
Invoices are generated and emailed to you 14 days before the due date, all payments must be paid before 12 pm on the due date to prevent any possible late payment charges or payment deduction via credit cards.
Where deemed acceptable and reasonable by UI. You may request a payment plan for outstanding Service Charges. This needs to be agreed to by the UI accounts team either directly or through customer service by email.
We reserve the right to add a fee to all payment plans. A flat rate of $25.00 NZD will be added to each outstanding invoice.
A payment plan request and associated fee relate to one single outstanding invoice. In the case where multiple outstanding invoices are agreed to be put under payment plan, our payment plan fee will be added to each outstanding invoice.
Under no circumstances will a payment plan apply to your monthly invoice.
It is your responsibility to communicate with UI, if or when your circumstances change and you find it necessary to request a payment plan. You will need to communicate your circumstances before your invoices due date to avoid incurring late fees on your invoice.
If your request of a payment plan is accepted, under no circumstances must it exceed more than 3 months to complete.
UI will accept no less than $15 per week as a minimum amount on all payment plans.
UI reserves the right to decline any payment plan request at our discretion.
Any payment received after the due date will or can be considered a late payment. All invoices must be paid before 12pm on the due date to prevent any possible automatically generated late payment charges or payment deduction via credit cards saved on file.
A 10% late payment fee will be added to any invoice not paid by the invoice due date.
Automatic overdue reminder notices will be sent by email on the 1st, 2nd, 3rd day after the due date.
Any account that still has an overdue balance 20 days after the date of invoice will be disconnected by us without prejudice.
By saving credit card details on line you are accepting and authorizing us to manually or automatically deduct overdue funds directly from your credit card on the due date of any unpaid invoice.
We reserve the right to pass on your first, last name, email, address and DOB to our debt collection agency (Waterstone/ICMS). Please NOTE: The Customer accepts that their credit rating may be adversely affected during the debt collection process.
If your account is more than 30 days overdue then we reserve the right to hand over all customer accounts, records, -logs and other information relevant to the acceptance of the services taken and account related communications, over to our debt collection agency.
We will add a collection fee of $75 NZD to any debts sent to our collection agency.
The customer accepts that they will be liable for all costs incurred as a consequence of recovering an outstanding debt.
UI will not provide refunds to any active customer if you pay more than the invoice value and/or make extra payments towards an account balance. Any additional credit balance left is assigned as “Account Credit” and cannot be withdrawn as cash.
Any “Account Credit” balance will go towards your next month’s invoice.
Under the circumstance in which you have canceled your service, it is your responsibility to ensure you stop all automatic payments after the final payment has been made. Any overpaid amounts will be refunded to your bank account.
We do not provide refunds to credit cards, all refunds deemed acceptable to UI are refunded via Bank Transfer only.
We reserve the right to take up to 30 business days to review and process your refund request, (if acceptable to Unlimited Internet Ltd).
We do not refund the “$49.00 NZD Admin Fee” In which you have accepted by clicking the check box during your online signup process – This is non-refundable in the case that you choose not to proceed with our service, when in fact, we can provide you with service.
If you have received our order confirmation notice, you will receive our invoice.
UI will provide a Full Refund in direct correlation with the Consumer Guarantees Act 1993, only in the circumstance you pay for a service of which we later find we cannot provide to that location.
Activities that may result in Suspension, Termination or Restriction
We reserve the right to suspend, terminate or restrict your use of any or all of the Services, or disconnect some or all of your connections without telling you if you:
Use the service provided by UI to undertake any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libellous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense.
Violate the law of any foreign state or in particular the laws of the country in which you reside.
Impersonate any person, entity or computer address, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar activity.
Interfere with the computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to “crash” a host.
Infringe any copyright, patent, trademark, trade secret or other intellectual property right registered in New Zealand, or any other country or under an international agreement.
Publish material which consists of any form of occult, illegal activities, racism and hate speech, violence, phishing, scams, plagiarism, hacking, stolen Internet content, Malware, Spam URL’s or other unacceptable content as determined in the sole and exclusive discretion of Unlimited Internet Ltd.
The term “unlimited” bandwidth or data without hidden charges carries with it our discretion to terminate at any time with 7 days notice given to customer.
If we have given you notice, please find a new service provider to transfer your service to, if you fail to transfer away within this time frame we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use; suspend, modify or restrict your use of our services or withdraw your access to the services.
Bandwidth allocated to our users is reviewed and increased as required, but at any time there is a fixed amount of bandwidth on our network available to all users. Our intention is to ensure that the experience of the vast majority of Unlimited Internet users are not compromised by the extreme and unreasonable usage of a few users. We reserve the right to ask you to find a new provider for users that frequently use significantly more data than the majority of the unlimited users and/or use their internet service in a way that negatively affects the experience of other users.
You are not permitted to operate any hosted services from our IP addresses.
You are not permitted to on-sell our service to any other users, and are not permitted to use our service to backhaul WIFI network services.
Legal, Exclusions and Warranties
We make every reasonable endeavour to ensure the services provided are fit for purpose in line with industry standards for reasonable performance and service level of the service purchased. However, all services come with no guarantee of performance or service level due to circumstances beyond our control.
Compensation and Liability – Subject to the exceptions provided under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, Unlimited Internet Limited and any of its affiliates, dealers or suppliers are not liable for any indirect or consequential damages including damages for loss of business, business profits, litigation judgments or the cost of legal fees whether based on any claim for breach of contract, breach of warranty, tort, negligence, product liability or any other claim which the customer may raise against Unlimited Internet. Any exception provided under the Fair Trading Act 1986, or Consumer Guarantees Act 1993 shall be determined under the standard of reasonableness.
Subject to the exceptions provided under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 you shall immediately indemnify Unlimited Internet Ltd against all proceedings, fees, expenses, payments, liabilities, injuries, costs and damages arising out of:
(a) The breach by the customer of any of its obligations under the contract, and
(b) Any express or implied warranties, representations, confirmations or acknowledgements that are given by the customer which are untrue or misleading.
The customer agrees that Unlimited Internet Ltd shall not be reasonably liable to the customer for any force majeure event (unavoidable event) being any situation in which Unlimited Internet in any and all jurisdictions in which the customer operates using Unlimited Internet Ltd’s network in any way.
The customer further indemnifies Unlimited Internet Ltd against all liability for the illegal use of the Internet and any criminal, civil or other sanctions which may result from the illegal use of the internet in any and all jurisdictions in which the customer operates using Unlimited Internet Ltd’s network in any way.
While we take all reasonable security precautions, the nature of telecommunications services means that we cannot guarantee the confidentiality of any calls or transmissions you make using our products and services.
Unlimited Internet Ltd and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental or consequential damages including but not limited to damages for the loss of business, business profits, litigation judgments or the cost of legal fees whether based on any claim for breach of contract, breach of warranty, tort, negligence, product liability or any other claim which the customer may raise against Unlimited Internet Ltd. Subject to the exceptions provided under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, this term is to subsist despite any advise from the customer of the nature of damages proposed by the customer or their legal representative.
This clause is to be considered a material, fundamental and essential term of the bargain between the customer and Unlimited Internet Limited.
Subject to exceptions provided explicitly by the Privacy Act relating to data collected by Unlimited Internet relating to the Customer such as, but not limited to credit information, the Customer waives any right it may have to claim against Unlimited Internet Ltd.
Whilst Unlimited Internet Ltd will take reasonable care at all times, regarding data stored by the Customer themselves on Unlimited Internet Ltd’s network by the Customer, the customer waives any right it may have to claim against Unlimited Internet Ltd, in relation to any possible breach of privacy related legal obligations. The Customer warrants that they will take all necessary steps to protect their personal information from unauthorised access, including but not limited to, signing off after the use of a publicly shared computer.
This term is to subsist despite any advice from the Customer of the nature of damages proposed by the Customer or their legal representative.
Unlimited Internet Ltd reserves the right to collect and store all information entered through our website and given by telephone or through electronic mail.
We also reserve the right to pass on any information to a third party in such events such as debt collection and/or official legal information requests.
For billing purposes, Unlimited Internet Ltd will also collect credit card information and billing addresses. The Customer agrees to allow Unlimited Internet Ltd to collect and hold this information for relevant business purposes.
The Customer agrees that Unlimited Internet Ltd may use any personal information stored by Unlimited Internet Ltd in order to contact the Customer by electronic mail concerning the use of services and other promotional marketing material regarding Unlimited Internet Ltd’s business services, operations and Products.
The Customer waives any right it may have to claim against Unlimited Internet Ltd, in relation to any possible breach of privacy related legal obligations. The Customer warrants that they will take all necessary steps to protect their personal information from unauthorised access, including but not limited to, signing off after the use of a publicly shared computer.
We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on the Unlimited Internet website. This allows us to provide targeted advertising in the future. If you do not wish to receive this kind of advertising from us in the future you can opt out using the Double Click opt-out page or the Network Advertising Initiative opt-out page.
The Customer warrants that it will provide accurate, timely and relevant information to Unlimited Internet Ltd in relation to any matters which Unlimited Internet Ltd may require for the purposes of updating information.
You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. Unless you use, or hold yourself out as using, the services for the purposes of a business.
We will use all reasonable endeavors to make our services available to you at all times. However, our services rely on us using networks and services owned by other people. As a result we cannot promise that our services will always be available or fully functioning. If our services are unavailable for any reason, we will endeavor to restore them as soon as possible.
Not all services are available in all areas and broadband speeds do vary. Factors which impact on speed include but are not limited to how close your premises is to an exchange, your computer’s capability, modem, connection and wiring, Wi-Fi, interference from electrical devices, the location and quality of the websites you choose to view, and any software you may have downloaded (malicious or otherwise).
The day-to-day performance can and will also be affected by the number of users in your household and also on our network or the network of 3rd parties that we use to provide the service to you
The following legal frameworks apply to these Terms:
We may transfer or assign to any third party all or part of our rights and obligations under these terms and/ or any interest in our network. We may also subcontract to any third party all or part of our obligations under these terms. You may not transfer, assign or on-sell all or any part of your rights and obligations under these terms. If you are a company and your effective management or control is changed in any way, we may treat this as a transfer or assignment entitling us to terminate any plan you are on.
To the extent that any dispute should arise about the inconsistency of terms in relation to this contract, the Customer will submit to the discretion of UI to determine the interpretation of an inconsistency.
Nothing in these terms and conditions contracts you out of your statutory legal rights.