1. These terms

    1. These terms record the basis on which we will provide Services to you. They apply from the date when you Sign-up.

    2. Additional terms may apply to any particular Service. We will notify you of any such terms. If there is any inconsistency between these terms and additional terms applicable to you the additional terms will take precedence.

    3. Your use of our Services is also subject to and any policies and procedures published by us from time to time at www.flip.co.nz.

  2. Activation

    1. We will not activate your Service until you have paid any installation fees applicable and the first month’s Access Charge.

    2. Activation may be delayed for a number of reasons. We will contact you primarily via email to resolve any issues that may arise.

  3. Coverage

    1. The Services are only available in certain areas. You can use our online address checker as a guide to whether our Services are available to you.

    2. If during the processing of your Sign-up information we find out that we are unable to provide Services to you, any applicable Charges will be refunded within a reasonable timeframe.

    3. Coverage and Services will change as we continue to expand and improve our Network.

  4. Our Services

    1. We are not obliged to provide Services unless we accept your application. We can decide whether or not to accept any application.

    2. We will be responsible for determining the manner in which the Services are to be provided.

    3. We will attempt to connect you as quickly as possible, usually within 5 working days of your initial payment. However this is not a guarantee as the provision of our Services rely on third party providers.

    4. We will use all reasonable endeavours to make our Services available to you at all times. However our Services may rely on us using networks owned by and Services supplied 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 Service as soon as possible.

    5. We take reasonable security precautions, but due to the nature of telecommunication Services we cannot guarantee the confidentiality of any calls or transmissions you make using our Services.

    6. We can suspend or restrict our Services at any time if:

      • We consider it necessary to protect or maintain our network; and/or

      • We believe that you have breached any of our terms and conditions

      We will always do our best to contact you before doing this, but may not be able to do so in all circumstances.

    7. Up to date information about our current Services can be found at www.flip.co.nz.

    8. If 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 possible, but no less than 10 working days. We will inform you of any change by emailing or writing to you, by putting a notice in major daily newspapers or by providing relevant information on our website. Our latest terms and conditions are available at www.flip.co.nz. If you do not agree to the changes, you may terminate the Service which is the subject of the changes.

    9. If you change your address you will need to:

      • Provide us with a minimum of 15 working days’ notice of the change to minimise Service disruption; and

      • Cancel all current broadband and homeline Services to avoid unwanted Charges, even if the line is no longer operational.

      Even if you are maintaining your existing phone number you may incur installation Charges.

      We may not be able to supply Service on your new line or to your new address (due to coverage restrictions and other factors) in which case you will have terminated our agreement for the provision of Service.

    10. Phone based support is provided for to technical issues relating to your Service, the number for this is 0800 60 TECH. If you wish to receive account and billing support, you can do so via the online Flip Support Centre or by emailing support@flip.co.nz

    11. Services that require a fixed line phone line to work, such as monitored alarms, faxes, medical alerts, the interactive features of SKY digital or PABXs are incompatible with Naked Broadband. This also means emergency calls will not work.

  5. Your Responsibilities

    1. You must not use your fixed line Services to make abusive, offensive or nuisance calls or communications (including spam) or for any illegal or fraudulent purpose. We may immediately without warning cease providing Services to you if you do so.

    2. Using or agreeing to use the Services does not give you any rights in any part of the Services. You must not resell or otherwise deal in any way with the whole or any part of the Services. Our Service is designed for, and only for the use of, normal residential activity. This is considered to also fall under our Fair Use Policy, clause 10.

    3. You must comply with any reasonable restrictions we impose or directions we give regarding the use of our Services.

    4. You must ensure that all information you give us is correct. Where any information you have supplied to us changes (such as contact details) you must provide us with updated information as soon as possible.

    5. You agree that we can act on any verbal instructions you give us in relation to the Services.

    6. We may install equipment and carry out other work at a customer’s premises. If we do so at your premises you must allow us and our contractors admittance as and when we reasonably require (and you must obtain any necessary consents to such admittance) for the purpose of installing, maintaining, monitoring and removing such equipment or carrying out such work. If reasonable admittance is refused this will result in a delay to the provision of service (or fixing of said service) or termination of your account.

    7. You will be required to set up a password at the point of Sign-up which may be required to authorise certain activity on your account. You are responsible for keeping your password and all other information relating to your account confidential at all times.

  6. Charges and Payments

    1. You must pay our Charges for the Services we provide to you, regardless of whether you or someone else uses those Services.

    2. We may vary our Charges from time to time. If we increase any Charge we will give you at least 10 working days’ notice via email. You can always check our current Charges by visiting www.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 term contract with us, the Charges for the Services covered by that contract will not increase until the end of that contract.

    3. All Services are payable in advance and will not be accessible until payment is received. Usage based Charges (such as toll calls) require you to Top-up and are not payable in arrears.

    4. Direct Debit and Credit Card are the recommended methods of payment for our Services.

    5. The name "Flip Services Ltd" will appear on cardholder statements for any transactions through Flip.co.nz.

    6. 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 1st of the following month. If we change the frequency or date of your billing we will give you at least 10 working days’ notice.

    7. Invoices will only be provided via email, will contain only aggregated charging details and will not show individual call details. You must pay each invoice within 7 days of the invoice date. If you do not pay any invoice in full within that time frame we may:

      • Suspend or restrict your Services but only after giving you at least 5 working days’ notice

      • Require you to put in place a direct debit payment arrangement

      • Charge you a late payment fee of $5 if your invoice is unpaid 30 days after the invoice date which reflects the cost to us of recovering money owed to us

      • 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

      We reserve the right to charge you a reasonable fee if you request further charging details and/or if you request information about your use of the Services to be mailed.

    8. If the Access Charge or 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.

    9. If you wish to raise a genuine dispute regarding an invoice or Charge of ours you must do so in writing within 14 days of the date of the invoice or Charge. We will consider issues raised in good faith and will promptly advise you of any resolution or amendment to our Charges.

    10. We may at our discretion impose a credit limit on your account. 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 your credit limit, we may require you to pay us a deposit before you can use, or continue to use, the Services. We will notify you if this is required.

    11. All calls are charged by the minute, with part minutes rounded up to the next whole minute. You will only be able to make calls (except for 111, toll free and local calls) when there is credit in your Top-up balance or you have Calling Pack minutes available. If the Top-up balance is used up while you are on a call or using a Service, the call or Service will be automatically disconnected.

    12. We will notify you of any applicable minimum or maximum Top-up levels. Top-up credit on your account is not transferable or refundable.

  7. Broadband Services

    1. 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.

    2. You must use our Service in a reasonable and responsible manner and in accordance with established “netiquette”.

    3. You must not have more than one connection to our Service using your user ID/username at any time. If you for any reason you do have simultaneous connections we reserve the right to charge you $10 per GB for each additional connection. This is considered to also fall under our Fair Use Policy, clause 10.

    4. We are not liable for any viruses or other harmful code which you download from the internet.

    5. We do not proactively monitor what you download. However, we must act on infringement notices which we receive under the Copyright (Infringing File Sharing) Amendment Act 2011. This action may include sending you an infringement notice.

    6. Our broadband speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we sometimes rely on other providers to deliver data to and from our network we are unable to guarantee that these speeds will be available to you. Other issues beyond our control (such as problems with your phone line, or in the telephone network) may also result in you being unable to connect, or to send or receive data at those speeds. We cannot guarantee that our broadband Services will always be available or that they can always be utilised for any particular purpose.

    7. We may use broadband traffic prioritisation policies at any time to improve the overall performance amongst our customers.

    8. Our broadband plan comes with an allotment of data each month. If the allotment is exceeded, then you may need to choose from the following options:

      • Continue browsing at a restricted speed

      • Purchase additional data

      Unused, purchased additional data will expire after a defined period or if your account is cancelled.

      Data is not refundable or transferable.

    9. Your broadband service requires mains power to operate. If power is not available the broadband, and any services which run over it, may stop working. For example voice calls to 111 Emergency Services.

  8. Homeline Services

    1. Any phone number that we allocate to you does not become your property. If we need to change your number we will give you as much notice as we can.

    2. If you wish your details to be available through directory assistance and/or in the phone book (white pages) then we will pass your name, number and address to Telecom. You agree that Telecom can use your details for those purposes.

    3. Subject to the terms of the Consumer Guarantees Act 1993, you agree that no member of the Telecom group of companies (or their officers, employees, contractors or agents) has any liability to you in connection with the directory assistance Service or your phone book listing.

    4. Our Service can only be used for normal residential calling. This excludes (among other things) activities such as auto-dialling, continuous call forwarding, telemarketing, Call Centres, fax or voicemail broadcasting. We reserve the right to immediately disconnect or charge our standard per minute rates if in our reasonable discretion we consider that your activity is inconsistent with normal residential patterns. This is considered to also fall under our Fair Use Policy, clause 10.

    5. Our Calling Packs include an allotment of toll calling per month to the destination(s) included in the pack. If the allotment is exceeded, then our standard per minute rate will apply unless another calling pack is purchased. Users are responsible for monitoring their usage and for any call Charges incurred, should the limit be exceeded. Calls can be made at any time but each individual call must not last longer than 2 hours. If the two hour limit is exceeded, our standard per minute rate will apply for the portion of the call that exceeds two hours.

      Unused minutes from our Calling Packs will expire after a defined period or if your account is cancelled. Calling Pack minutes are not refundable or transferable.

  9. Consumer Protection Laws and Liability

    1. 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.

    2. 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.

    3. You accept your liability to us for breach of contract or negligence. However, you are not liable for any loss to the extent that it is caused by us.

    4. 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 any loss to the extent that it is caused by you. 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. Also, we will never be liable to you for any indirect or consequential loss, or for any loss of profits, revenue, goodwill or business.

    5. 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.

    6. 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.

    7. If we or anyone described in clause 9(f) above, are ever liable to you for any reason, the maximum combined amount we (and they) will have to pay you will be $5,000 for any event or for any series of related events and a total of $10,000 in respect of all events in any 12 month period. However, you must notify us of your claim within 12 months after you reasonably became aware of the relevant event or series or events that gave rise to your claim. These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986.

  10. Fair Use Policy

    1. All of the Services are subject to the Fair Use Policy set out in this clause 10.

    2. Your use of the Services must be fair, reasonable and not excessive as reasonably determined by us by reference to average and/or estimated typical customer usage of the Services. We will consider your usage to be excessive and unreasonable where it materially exceeds the average and/or estimated use patterns over any day, week or month (or other period of time as determined by us) (Excessive Usage)

    3. If in our reasonable opinion we consider your usage to fall outside of normal residential patterns, to be unfair, unreasonable and/or Excessive Usage we may contact you and advise that your use is in breach of our Fair Use Policy and request that you change your use of the Service to bring it within our Fair Use Policy or immediately disconnect or restrict your Services. We will always give you notice before doing this.

    4. Flip’s unmetered data plans (called ‘No Cap’ or 'Plan 4' or ‘Unlimited’) may traffic manage the speed of peer to peer (p2p) downloading if the network becomes under load to protect overall performance. This will include other web downloading where appropriate.

  11. Term

    1. If you have agreed to use a Service for a fixed contract term, then you must do so. If you cancel within the fixed term period, you will be liable for any applicable early termination Charges.

    2. 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 28 days’ notice. Where you wish to terminate a Service, you can do so by calling Technical Support or via the “My Account” section of our website. Charges will stop 28 days after we receive your termination notice.

    3. We can terminate this agreement, or the provision of any Service to you, immediately if you breach any of these terms or if we reasonably believe that you supplied incorrect or misleading information to us. We will always give you notice before doing this.

    4. If this agreement and/or your Service is either suspended or terminated for any reason:

      • We may charge you a reconnection Charge before you are able to recommence using our Services

      • It is possible that you may lose your allocated or selected landline number

      • You may lose any Top-up credit, data and minutes on your account

      • It is possible that you may lose any saved voicemail messages

  12. Privacy

    1. You authorise us to pass personal information to credit reporting agencies for the purpose of credit checking. You also agree to us obtaining and passing personal information about you to credit reporting agencies. This information will be used to update and maintain credit information files and will be accessed by the customers of the credit reporting agency.

    2. You also agree to us passing personal information about you to a credit reporting agency in the event that you default on your payment obligations.

    3. Any personal information we collect is kept at our offices at Level 1, 118-124 Queen Street, Auckland. You are entitled to see any information we hold about you (although you must pay our reasonable charge for making it available) and to request that any incorrect information be corrected.

    4. We may record calls you make to us to verify information and for staff training purposes.

    5. You agree that personal information that we have obtained from you can be shared with other service providers, 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.

  13. Changing these terms

    1. We can change these terms from time to time by giving you 10 working days’ notice. We will inform you of any change by emailing or writing to you, by putting a notice in major daily newspaper or by providing relevant information on our website. Our latest terms and conditions are available at www.flip.co.nz. If you do not agree to the changes, you may terminate the Service which is the subject of the changes.

  14. Notices

    1. If you wish to notify us of anything you can do so using our online support facilities or emailing support@flip.co.nz. We may require you to confirm in writing any advice you provide us by these methods. Our offices are at Level 1, 118-124 Queens Street, Auckland.

    2. Our primary method to communicate with you will be email but we can also do so via phone, SMS, post or facsimile to the last known address or number we have for you.

    3. If your contact details change you must advise us of the new details as soon as possible.

  15. 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 the New Zealand courts.

    2. Flip Services Limited is a New Zealand business and all transactions will be billed in New Zealand dollars.

    3. 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.

    4. 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.

  16. Interpretation

    1. In these terms:

      “You” means the customer under this agreement and “your” has a corresponding meaning.

      “we” or “us” or “Flip” means Flip Services Limited and “our” has a corresponding meaning.

      “Access Charge” means the fixed monthly fee payable for your broadband and homeline connection.

      “Add-on” means any Service purchased by you in addition to your Plan.

      “Charges” means all Access Charges, usage charges and other charges for our Services.

      “Plan” means the fixed broadband and homeline plan or plans supplied to you by us.

      “Services” mean the fixed line telecommunication services made available by us and/or our agents or approved third party suppliers to you including any Plans and Add-ons.

      “Sign-up” means a request by you for Service from us.

      “Top-up” means loading monetary credit onto your account by any means made available by us.