FLIP TERMS & CONDITIONS
These terms and conditions set out the basis on which CallPlus Services Limited Company Number 1271483 trading as Flip (Flip) provides telephone and Internet Services to its customers.
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.
Depending on which Flip Services you choose to use, you will also be bound by the specific terms and conditions published on our website relating to your selected Plan and any specific terms and conditions relating to the Services you use.
If there is any conflict or inconsistency between:
the terms and conditions set out in this agreement; and
the terms and conditions relating to your Plan or the specific terms and conditions relating to the Services you use,
then the terms and conditions relating to your Plan or the specific terms and conditions relating to the Services you use will prevail over the terms and conditions of this agreement.
Not all Services are available in all areas or to all customers.
We are not obliged to provide Services unless we accept your application. We can decide whether or not to accept any application and we cannot guarantee the availability of a Service until it is connected.
We will be responsible for determining the manner in which the Services are to be provided. For example, we may sub-contract other network operators to provide part of any Service.
We will use all reasonable endeavours 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 endeavour 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.
If you purchase a Naked DSL service, we'll be providing you with broadband service only, and you won't be able to have a normal phone line (even with another provider). You will no longer be able to use your phone line to make voice calls and you will lose your current phone number.
Suspending or restricting services
We can suspend or restrict our Services at any time if we consider it reasonably necessary to protect or maintain our network or we believe that you have breached any of our terms. We will always do our best to contact you before doing this, but may not be able to do so in all circumstances.
We may suspend or restrict your use of the Services or disconnect you from the Network without warning if:
you or anyone who makes use of your Service or your Equipment does not comply with the terms and conditions of this Agreement or any other agreement with Flip, including any terms and conditions relating to Additional Services;
you or anyone who makes use of your Service or your Equipment (with or without your authorisation) damages our or an Other Supplier’s Network or puts our or an Other Supplier’s Network at risk;
you harass, abuse or threaten our team members; or
our or an Other Supplier’s Network needs urgent maintenance or upgrading;
Up to date information about our current Services can be found at flip.co.nz.
You must pay our charges for the Services we provide to you, regardless of whether you or someone else uses those Services. We may vary our charges from time to time. If we increase any charge, we will give you at least 10 days’ notice by email or by notice on our website. You can always check the latest charges at flip.co.nz. If you do not agree to the changes, you may terminate the Service which is the subject of the changes. If you have a minimum term contract with us, the charges for the Services covered by that contract will not increase until the end of that contract, unless an increase is as a result of a change in the price from a supplier for an input required for your Service
We will invoice you for Services we provide to you. All Services are payable in advance and will not be accessible until payment is received for a top-up of a sufficient amount to use the Services. The Flip IOU is a $30 credit which can be used by you to pay for Services in advance. You must pay this credit back at the end of your bill period, or any earlier time by paying for a top-up to the value of the credit used. You can use the Flip IOU on Calling Packs, Data Packs, Phone Features and P/min calling.
Your billing starts on the day your Services are activated unless it falls on the 29th, 30th or the 31st of a given month. In this case your bill date will be moved to the 28th of the following month. If we change the frequency or date of your billing, we will give you at least 10 days’ notice.
Flip data in the base package (excluding Unlimited) carries over to the next month if it is not used. If you need additional data, you are able to purchase additional data blocks. If you purchase an additional data block it will not expire for 12 months after purchase. Data Packs are purchasable data bundles for when you go over your monthly data cap. If you buy a data pack part way through the month you will need to either have credit or IOU on your account.
If you breach any of the terms of your Agreement with us and we incur costs as result, then we may require you to pay those costs.
The Charges for each Service are those specified in this Agreement, as varied in accordance with this Agreement.
If any Charge is not expressed to be GST inclusive, Customer will pay to Flip at the same time an amount equal to the amount of GST on the supply. Flip will issue a tax invoice to Customer.
Unless shown to be incorrect, an Invoice is sufficient evidence of the provision of the Services and of the entitlement to make the Charges to which the Invoice relates.
Invoices will only be provided via email or through My Account, will contain only aggregated charging details and may not show individual call details.
You must pay each invoice within 7 days of the invoice due date, and the due date will be clearly shown on the invoice. You may not deduct or set off any amount from that shown on the invoice. If you do not pay any invoice within that time we may do any or all of the following:
suspend or restrict your Service/s but only after giving you at least 5 days’ notice. Emergency calls will continue to work while the line is restricted;
recover from you any debt recovery costs including collection costs, revenue costs, legal fees, administration fees and/or other costs related to late or non-payment;
require you to put in place a direct debit arrangement;
register your payment default with a credit reporting agency.
If any monies due are not paid in full within 28 days of the invoice date we may disconnect your Services. We will always give you notice before doing this. 111 Emergency calls will cease to work at this point.
If you wish to raise a genuine dispute regarding an Invoice you must do so in writing within 14 days of the date of the Invoice. We will consider any issues raised in good faith and will promptly advise you of any resolution.
Direct debit authority
If Customer has authorised Flip to debit the Customer’s account or credit card in connection with Charges and other amounts owing on an ongoing or recurring basis, the Customer acknowledges and agrees that Flip may without further notice, debit from the account or credit card, on the Due Date all Charges or other amounts owing until fourteen (14) days from the date that Customer revokes that authority.
Your account with us will have a fixed Flip IOU limit. We may change that credit limit at any time at our reasonable discretion and will provide you with our reasons on request. If we reduce the credit limit, we may require you to pay us a deposit before you can use, or continue to use, the Service/s. We will notify you if this is required.
Your obligations when using Flip Services
not use our Services in a way which:
breaks any laws;
breaches this Agreement;
infringes anyone’s rights; or
is malicious, obscene or offensive;
not resell any Services to another party;
only use a Residential Service for residential or private use and not for business or commercial purposes;
use our Services in a reasonable and responsible manner;
comply with any reasonable restrictions we impose or directions we give regarding the use of our Services;
ensure that all information you give us is correct and that where any information you have supplied to us changes (such as contact details) you must provide us with updated information as soon as possible either through My Account or by emailing email@example.com;
agree that we can act on any verbal instructions you give us in relation to the Services; and
comply with our Fair Use Policy, available from our website, and understand that we may enforce our Fair Use Policy where we reasonably believe, acting in good faith, that your usage of our Services is excessive and/or unreasonable as detailed in the Fair Use Policy. In addition to our standard Fair Use Policy, specific fair use terms may also apply to certain Services as communicated in the service terms applicable to such Services, the relevant Plan and on our website.
We may install equipment and carry out other work at your premises in order to provide you with the Services. If we do so, you must allow us and our contractors access as and when we reasonably require for the purposes of installing, maintaining, monitoring and removing that equipment or carrying out that work. If necessary, you must obtain any necessary consents to enable our access.
You are responsible for providing suitable environmental conditions for any Equipment and the Services, including reliable electricity supply with surge protection, if applicable.
If you decide to cancel your order, through no fault of us or the installer, after we have accepted your order and you have been provided an installation date, we may charge you a cancellation fee.
When you place an order and get your order number, you have committed to buying the item(s) and/or Service/s from us. If you have made a mistake, call us on 0800 60 83 24 within 7 days. We will do our best to resolve any problems. If you choose to cancel your Service after purchase, we may charge you early termination charges and other usage Charges.
This clause applies if we provide Homeline Services to you.
Our Unlimited Calling Packs include Unlimited Calls to select destinations.
Our Minutes Calling Packs include a specified number of minutes of toll calling per month to the destination(s) included in the pack excluding premium and special numbers. If the specified minute limit is exceeded, then our standard per-minute rates will apply to all toll calls for the remainder of that billing period.
Calls can be made at any time. You are responsible for monitoring usage and for any per-minute charges incurred, should the limit be exceeded.
You can purchase a Calling Pack part way through the month using any available credit (including IOU credit).
Internet Services (including Broadband)
This clause applies if we provide Internet Access or Broadband Services to you.
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.
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.
You will need a suitable modem to use our Internet Access and Broadband Service. You can purchase a modem from us and everything you need to get up and running. Our friendly technical support team can help you with any issues you have. You will own the modem which becomes your responsibility.
If you have selected to use your own modem the Flip technical support team may not be able to offer you help setting this up other than helping you input your username and password. You may have to contact your Modem manufacturer for further troubleshooting.
To maintain the integrity and reliability of our network, we reserve the right to occasionally manage your modem to ensure a high level of security within our network and may include such tasks as updating router firmware, updating DNS setting and updating or changing general settings.
Change of address
When you move, you will need to cancel all current broadband Services to avoid unwanted charges. Services must be reinstalled on the new phone line and even if you are maintaining your existing phone number you may incur installation charges.
If you change your address or phone line, give us 10 days’ notice.
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.
Copyright and law enforcement
We do not proactively monitor what content you download or access, however we must act on lawful requests for information and/or interception as well as infringement notices which we receive under the Copyright (Infringing File Sharing) Amendment Act 2011. This action may include sending you an infringement notice. Please see flip.co.nz/copyright-notice for further information.
Broadband Services are not available in all areas. Ultra VDSL and ADSL residential plans are only available to residential customers with their home phone line, calling and broadband Services with us.
If you have a monitored security alarm or a medical alarm, we cannot guarantee that alarms connected to the Flip networks will work all of the time. If you choose to continue we recommend you check with your alarm service provider to ensure services continue to function.
Flip with not charge you overage costs if you use up your base data cap. Instead, Flip will slow your connection to 256k.
You can add additional credit to your Flip Account by:
Visa or MasterCard credit or debit cards;
activating the Flip IOU;
setting up an auto-top-up on your Flip Account; or
by using one of the other means of payment accepted by us from time to time.
For more information on how to top up your Flip Account please refer to the Flip Website or contact Flip Customer Services.
Credit on your Flip Account is not refundable for cash.
You are responsible for the use of your Services and you are liable for all Charges under this agreement whether incurred by you or someone else using your Services (with or without your knowledge).
If you use up your credit balance on your Flip Account while you are on a call, the call will be disconnected. You agree we are not liable for calls being disconnected after your credit has been used up. If you use up your credit balance on your Flip Account during an open data session, the session will be terminated.
If you have no credit on your Flip Account, no chargeable outgoing calls (except to emergency services on 111 or to Flip Customer Services or any other non chargeable calls) or any other Services that would incur a Charge will be able to be used.
We can only deliver things you buy from us to a physical address in New Zealand - not PO Boxes or Private Bags – and couriers need a signature on delivery. We are responsible for the items you’ve ordered until your order is signed for by you or someone on your behalf. Once it has been signed for, it’s your responsibility.
You must pay the purchase price of any equipment you buy from us. We will continue to own the equipment until you have paid for it in full.
If, for any reason, the Equipment we send you isn’t exactly what you ordered, or turns out to be faulty, we will do our best to get that fixed. It’s important to note that we’re not responsible for the Equipment you send back until they arrive. If you buy Equipment from us that stops working within its manufacturer’s warranty period, just call us on 0800 60 8324 and we will send you a postage-paid courier bag so you can return it. The limits of warranty are detailed by the manufacturer’s warranty included with the device.
Warranty claims are also subject to the other terms and conditions that you’ll find in the manufacturer’s warranty that you’ll get with your equipment.
Term and Termination
Fixed Contract Terms
If your Plan has a Fixed Contract Term and you have agreed to use a Service for a Fixed Contract Term, then you must do so. If you cancel within the Fixed Contract Term, you will be liable for any applicable early termination charges. If you give up a Service and later want it reconnected, you may have to pay a reconnection charge.
For Services where there is no Fixed Contract Term, or where the fixed term has expired, either of us can terminate that Service on giving the other 30 days’ notice. Where you wish to terminate a Service you must do so by calling us on 0800 60 8324 or by any other means notified by Flip as acceptable from time to time. If you give up a Service and later want it reconnected, you may have to pay a reconnection charge.
We can terminate the provision of any Service to you, immediately if you breach any term of these terms or if we reasonably believe that you have supplied incorrect or misleading information to us.
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.
Consumer protection laws and liability
The Consumer Guarantees Act 1993 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.
If you are acquiring any Services from us for the purposes of a business as defined in the Consumer Guarantees Act 1993, you acknowledge that the provisions of that Act do not apply to those Services.
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. 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 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. This clause is intended to confer a benefit which those third parties can enforce.
Flip’s liability to you
If we are ever liable to you for losses arising from our breach of this Agreement or for our negligence, our maximum combined obligation to pay damages or losses is limited to $5,000 for any one event and a total of $10,000 in respect of all events in any 12 month period. These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986.
If you are acquiring the Services for the purposes of a business as defined in the Consumer Guarantees Act 1993 you acknowledge that the provisions of that Act do not apply to the Services that that we provide to you under this agreement.
No other Related Company, network operator and/or third party supplier (including their officers, employees, contractors and agents) will be liable to you for loss or damage of any kind arising from your use of the Services. This clause creates a right and benefit that other Related Companies, network operators and/or suppliers can enforce as a defence to any claim.
We accept our liability to you for breach of contract or negligence and for breach of the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. However, we are not liable for loss to the extent that it is caused or contributed to by you.
We are not liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill or business.
Your liability to Flip
You accept your liability to us for your breach of this Agreement with us or your negligence. However, you are not liable for loss to the extent that it is caused or contributed to by us.
Your liability to us under this clause is limited to $5,000 for any one event and a total of $10,000 in respect of all events in any 12 month period. This limitation does not apply to your obligation to pay any outstanding Charges or for any loss or damage caused by fraud, wilful breach or wilful damage.
Minimise your loss
If you suffer any loss as a result of this agreement, 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.
Privacy and credit checks
We may record calls you make to us to verify information and for staff training purposes.
If another one of our customers calls you, your name will appear on that person’s account as the called party. If you do not wish this to occur then please call us on 0800 60 8324.
You agree that personal information that we have obtained from you can be shared with others, 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.
You are entitled to see any personal information we hold about you (although you must pay our reasonable charges for our time and resources in making it available) and to request that any incorrect personal information be corrected.
We may require credit references and other credit information from time to time. We may also supply your information to a credit reference agency, in order to check your credit status. They may hold this information for up to two years. This is part of the credit reporting privacy code which came into effect 1 April 2012.
The information we share with credit reporting agencies includes information to ensure that those agencies are able to accurately identify individuals, information about an individual’s credit accounts (such as type of accounts and amount of credit), information relating to the circumstances of any credit default and information about credit non-compliance action.
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 the Privacy Commissioner’s website www.privacy.org.nz/credit-reporting-privacy-code.
If we wish to communicate with you or notify you of anything we can do so by post, phone, or email to the last known address or number we have for you.
Email is our primary method of communicating with you. It is your responsibility to keep us informed of your most recent and active email address. We will not be liable for you not receiving notices if we have an incorrect, inactive or unused email address.
If your contact details change you must advise us of the new details as soon as possible.
Except where you wish to terminate your Services with us (in which case you must follow the procedure in clause 7), if you wish to notify us of anything you can do so by calling 0800 60 8324. We may require you to confirm in writing any advice you give us by phone.
We can change these terms from time to time by giving you 14 days’ notice. We will inform you of any change by emailing or writing to you, or by providing relevant information on our website. Our latest terms and conditions are available at flip.co.nz/terms-and-conditions.
In the event we intend to alter a Service that we charge you for such that it materially affects you, and providing that you are readily identifiable, we will give you as much notice as reasonably possible under the circumstances.
If you the change is of material detriment to you, you may terminate the Service which is the subject of the changes.
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.
Any dispute regarding the provision of our Services under these terms is to be determined by New Zealand courts.
Definitions and interpretation
The following definitions and rules of interpretation apply unless the context requires otherwise:
Additional Services means the value added, optional services offered by us from time to time (such as email, data, SMS, Roaming, and Video Calling) which may incur a fixed recurring Charge and/or other Charges. Full information about these Services are available in your Plan or at our website,
Agreement means this agreement, including these Terms and Conditions, any and all annexures, schedules (including Service Schedules) and attachments to this Agreement, the Plans for Services acquired in connection with this agreement and expressly includes any variation, replacement or substitution of them from time to time.
Charges means amounts payable to Flip by you for the Services, being amounts specified in your Plan, the Service Schedule or elsewhere in this Agreement, and for Services for which charges are not specified, the standard amounts charged by Flip for such Services.
Confidential Information of a party means all information (except information in the public domain other than as a result of a breach of an obligation of confidentiality) regarded by that party or any Related Body Corporate as being confidential, whether the other party became aware of the information before or after entering into this Agreement. The Confidential Information of Flip includes the terms of this Agreement.
Due Date means the date by which a Charge is payable and, unless this Agreement specifies another date, is the date which is 7 days after the date of the Invoice on which that Charge first appears.
Emergency means any actual or apprehended event or condition that in the opinion of Flip may endanger the safety or health of a person, or damage any property or cause interruption to any Service or affect in any way the normal operation of the Flip Network or any interconnected network or expose any person to legal liability or to any loss, damage or expense.
Equipment means any hardware, software or other infrastructure used in connection with a Service.
Fair Use Policy means a fair use policy as referred to in clause 4.1, as amended from time to time.
Fixed Charge means a Charge that is fixed, and is not calculated by reference to volumes of data transferred or stored, or time online, or other variable factors.
GST means the goods and Services tax under the Goods and Services Tax Act 1985.
Internet Services means Services that provide Internet access and email and other Services provided in conjunction.
Invoice means an account rendered by Flip for Charges.
Flip means that business name and/or trademark owned and used by Flip.
Minimum Term means the period set out in your Plan unless another period is specified in respect of this Agreement or one or more Services.
Network means the telecommunications system owned by us and/or any of any Related Company of ours which we use to provide the Services to you and other customers.
Other Supplier Infrastructure means Equipment provided by Other Suppliers used in the provision of the Services.
Other Supplier means Chorus and other local fibre companies, Spark Wholesale (or any related companies) or any other third party supplier (whether to Flip or to Customer direct) of goods or Services in relation to the Services.
Plan means one of the different levels (by reference to such factors as Flip decides, for example mode, price, speed, volumes of data, regional or other availability and Minimum Term) of Services from time to time offered by Flip.
Related Company means any company deemed to be a related company of CallPlus Services Limited in accordance with section 2 of the Companies Act 1993.
Flip Equipment means Equipment supplied by or on behalf of Flip.
Flip Network means the telecommunications network owned or operated by Flip or its Related Company and includes Flip Equipment and if applicable any connected telecommunications network.
Flip Policy includes Spam, Acceptable Use Policy, Flip Copyright Infringement Policy and other acceptable use or other policies in relation to Services adopted by Flip from time to time.
Flip means that business name and/or trademark owned and used by Flip.
Residential Service means a Service which is of a type, or which is supplied on terms, which Flip designates for residential or private use.
Service Schedule means a schedule to this Agreement and the terms published or notified by Flip as being applicable to the supply of a Service from time to time.
Service means the Services specified in each Service Schedule and such other Services as Flip agrees to supply to Customer. References to Services include the sale of Equipment.
Site means a location owned, occupied or used by Customer at which there is Flip Equipment or Customer Equipment or to which Flip provides Services.
"we", "our" or "us" means Flip, a division of Callplus Services Limited, trading under the brand Flip.
"you" or "your" means the customer who is party to this agreement.
The following rules of interpretation apply on any matter affecting the proper interpretation or construction of this Agreement:
Headings: headings are for convenience only and do not affect the interpretation of this Agreement;
Inconsistency: in the event of inconsistency, the parts of this Agreement will have the following order of priority, first the Table, second each Service Schedule and third other parts of this Agreement, including these Core Terms and Conditions;
Singularity: the singular includes the plural and conversely;
Grammar: where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
Including: to avoid doubt, the word including is not intended to be exhaustive in operation and is to be interpreted as including but not limited, unless expressly provided to the contrary;
Construction: no rule of construction or interpretation applies to disadvantage a party because that party prepared or was responsible for the preparation of this Agreement or any part of it;
Reference to Currency: A reference to currency is a reference to New Zealand currency unless expressly stated to the contrary.
References to Persons: a reference to a person includes a natural person, partnership, joint venturer, government department or agency, body corporate, an unincorporated body or other legal entity and conversely;
References to Parties: a reference to a party includes the party's successors and permitted assigns; and
Reference to Right or Obligation: a reference to a right or obligation of any two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally.
Fair Use Policy
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 may monitor usage patterns. If your usage of our Services (a) materially exceeds estimated use patterns over any week or month, (b) is inconsistent with either normal usage patterns and/or the types of uses and purposes for which we communicate that the Services are to be used for, and/or (c) includes activities such as auto-dialling, continuously call (or text)-forwarding, bulk texting by machines, automated texting, tele-marketing, call centres, and use of cellular trunking units (CTUs), then your usage will be excessive and/or unreasonable in accordance with this Fair Use Policy and we may contact you to advise you that your usage is in breach of our Fair Use Policy. We 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 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 the Flip 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 our Network or a specific cell tower).