Customer Service Heroes

Terms & Conditions

Ultimate Mobile Limited & Ultimate Broadband TERMS AND CONDITIONS OF USE
  1. Services
    1. Ultimate Mobile Limited trading as Ultimate Broadband (“we” or “us”) has agreed
      to provide to you web, voice and associated services which may include internet,
      email, voice (including VoIP), multicast, broadcast and others. (the “Services”)
  2. Acceptance and Alteration of Terms and Conditions
    1. By using the Services you shall be deemed to have accepted these terms and
      conditions (the Terms).
    2. You acknowledge that from time to time we may update these Terms and agree to
      be bound by any such updates and changes.
  3. Wireless Use/VoIP
    1. We will provide the Services to the network access port of the Equipment. We
      have no responsibility beyond that point. You are responsible for all of your
      equipment, software and associated cabling or equipment, and any problems or
      issues that may affect your experience of the Services, or the performance of the
      equipment or Services beyond the network access point.
    2. We do not warrant or represent that wireless broadband will be suitable for any
      particular application. You are responsible for satisfying yourself as to whether
      your intended applications will be suitable for use with wireless broadband.
    3. Where you are using any VoIP system as part of the Services you acknowledge and
      understand that we do not own or operate every part of the network used to
      provide VoIP Services and do not guarantee you will be able to make successful
      VoIP calls to every valid number.
    4. You acknowledge and understand that the VoIP Service (including calls to
      emergency services) will not function in the event of power failure. Address
      location service is also not available
  4. Telephone Services
    The following will apply if we provide telephone services to you as part of the
    Services:

    1. The phone numbers you are assigned remain our property and we reserve the
      right to alter or replace any number allocated to you. Porting fees apply.
    2. You will advise us if you wish your phone number(s) to appear in the White Pages
      directory. If you fail to do so it will not appear.
    3. 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 listing in the White Pages directory.
  5. Installation and Equipment
    1. To provide the Services to you, we may provide and install equipment at the site
      you have designated for Service (“Equipment”) which will remain our property.
      Where we have agreed a time for the installation of the Equipment and you
      change that time or we are unable to install the Equipment at that time you will be
      liable for any costs incurred by us.
    2. The costs of standard installation will be provided to you prior to installation. Nonstandard installations or requirements, such as where a clear line of sight does not exist to your premises, may attract additional costs.
    3. We may remove the Equipment on termination of these terms and conditions or
      disconnection of the Services, or earlier if we decide the Equipment is no longer
      required for your use of the Services.
    4. You may not remove the Equipment on your premises unless we agree in writing
      and you will be liable for any associated costs resulting from damage to the
      Equipment or your own property or person.
    5. You will allow us, or any person authorised by us, access to your premises at all
      reasonable times and on reasonable notice (subject to compliance with your
      reasonable security requirements and where applicable, health and safety
      requirements) to inspect, maintain or remove the Equipment. Where you are not
      the owner of the premises on which the Equipment is installed, or is to be
      installed, you warrant that you have permission from the property owner for us,
      or any person authorised by us, to access the property to conduct any or all of the
      above activities.
    6. All installations are undertaken at the property owners or occupants risk, Ultimate
      Mobile Limited & or our installer contractors are not liable for damages to
      property that occur in the process of an installation. All possible steps will be
      made to avoid or mitigate any risk of property damage however property owners
      should provide all means to reduce potential for damage.
    7. Installations in unsafe conditions will not be undertaken, appropriate measures
      must be provided by the property owner to allow for a safe and OSH compliant
      installation.
  6. No Warranty
    1. You acknowledge that while we will use all reasonable efforts to ensure the
      availability or reliability of the Services we give no warranty that the Services will
      be free of faults or continuous. Speed of the Services may vary from time to time.
    2. Neither we nor any third party suppliers are liable for temporary outages,
      interruptions, or faults associated with our Services or services provided by third
      party suppliers, nor for any costs or damage associated with lack of Service.
    3. We may from time to time, due to operational or other reasons restrict or suspend
      the Services.
    4. Where there is a fault with any aspect of Services, we will use all reasonable
      endeavours to remedy the problem as soon as possible. However, where remedial
      work, action or onsite support is required as a result of any act or omission on
      your part, or due to issues not originating from our network or on our side of the
      network access point, we reserve the right charge you for the cost (or portion
      thereof) of remedying the fault.
    5. We do not guarantee the accuracy or completeness of any information provided
      to you, or the adequacy of the Services to meet your requirements. In using the
      Services you confirm that all matters relevant to the supply of Services are to your
      satisfaction and that you have relied on your own skill, inspection and judgement.
  7. Use of Services
    1. In using the Services you agree that you will:
      (a) follow our instructions on using the Services and comply with any
      reasonable restrictions we impose, or directions we give, in respect of the
      Services;
      (b) use the Services, and any information you access or make available
      through using our Services, in a responsible manner;
      (c) not use the Services, in a way that breaks any laws, infringes anyone’s
      rights, or is in our reasonable opinion malicious, obscene or offensive;
      (d) keep confidential any password you use to access our Services and
      immediately change your password if we ask you to do so;
      (e) not use your connection to distribute or on-sell Broadband or associated
      Services to any third party except with our prior consent in writing;
      (f) not introduce anything harmful (such as viruses, worms or malware) to,
      or interfere in any other way with, anyone else’s computer system,
      communications service or use of the internet or associated applications;
      (g) not engage in any activity which facilitates or encourages unsolicited
      email including without limiting the generality of the foregoing,
      “spamming” and “mail bombing;
      (h) not use your access or Services to distribute unsolicited commercial
      electronic messages as defined in the Unsolicited Electronic Messages Act
      2007 and you must comply with that Act in all respects;
      (i) not breach copyright or any other intellectual property right anyone else
      may have in anything forming part of the Services or in anything you
      access using the Services;
      (j) comply with the Privacy Act 1993, all defamation and other laws which
      may apply to your use of the Services, or to the information you access or
      make available through using the Services;
      (k) comply with the same obligations as we have in respect of our use of the
      Services or Equipment (as defined below) as advised to you from time to
      time;
      (l) not use the Services to post or transmit any, defamatory, libelous,
      slanderous, false or misleading statements, obscenity, pornography,
      profanity or illegality;
      (m) not use the Services for illegal file sharing including peer-to-peer (P2P) file
      sharing;
      (n) provide a suitable operating environment for the Equipment;
      (o) take reasonable precautions to protect the Equipment from theft or other
      loss or damage;
      (p) take all reasonable precautions to protect the Equipment from radio or
      electromagnetic interference, electrical interference or power
      fluctuations;
      (q) follow our reasonable directions in the use of the Equipment including
      the Equipment, solely for the purpose of receiving the Services;
      (r) insure the Equipment with appropriate insurance cover for its’
      replacement value.
  8. Monitoring your Data Usage
    1. To ensure the overall customer experience of our network we reserve the right to
      monitor and investigate the use of bandwidth on the network. Where we deem
      necessary in our sole discretion we may: and accordingly it may be necessary for
      us, at our sole discretion, to apply shaping or bandwidth management on
      connections to ensure all customers receive a quality service and experience.
  9. Charges
    1. You shall pay those charges from time to time advised by us.
    2. Payment for use of the Services must be made in full without deduction or set off
      on the due date. Payment by automatic payment, direct debit, cheque and credit
      card is accepted
    3. We reserve the right to alter our pricing structure for the Services at any time. You
      will be notified in writing of any changes.
    4. Unless we specifically state otherwise, our charges are GST inclusive.
    5. In the event of non-payment a minimum late fee of $10 will be applied to your
      account for late payment. At any point customers with overdue accounts may
      have their service disabled until payment is completed. Failure to meet our
      payment terms and conditions may result in service termination, termination fees,
      removal & collections fees being applied.
    6. We reserve the right to send any outstanding invoices to a debt collection agency
      to be recouped. Any & all costs incurred by us in undertaking this action will be
      passed onto you for full payment.
    7. All connections are paid one month in advance or a part period until the end of
      the current billing period. If there is a failure of credit card or automatic payment
      due to lack of funds, we will contact the account holder within 24 hours to arrange
      re payment. If we are unable to contact the account holder or rentals are not paid
      within 21 working days of following the funds failure your broadband service may
      be temporarily disconnected until payment is made.
    8. Debt Collections agency charges for overdue accounts will be on charged to the
      customer.
  10. Minimum Term
    1. Provision of the Services is for No contract, 12, 24 and 36 month terms as dictated
      by your chosen package and service type that you have agreed to.
    2. If you choose to disconnect from Services prior to the expiry of the minimum
      term, disconnection fees apply and RF or connection equipment is required to be
      returned within 7 days of the disconnection and/or all charges and accounts are
      brought up to date. Equipment removal charges which may apply. You agree that
      those charges are a reasonable pre-estimate of the loss we will suffer.
    3. All equipment unless stated otherwise remains the property of Ultimate Mobile
      Limited at all times on both open and term contracts
    4. Disconnection fees on term contracts:
      RBI & Ruralnet Services
      All contracted Ruralnet & RBI connections will incur a $20 inc GST per month
      disconnection fee for every remaining month in contract.
      A removal fee $50 inc GST, plus any travel applies. Return of equipment is at
      customers cost.
      Fibre Services
      The fibre disconnection fee in term contract is $100 base fee plus a
      termination fee based on the number of months remaining in the contract
      multiplied by the base plan rate charged by EA Networks, Chorus or Enable.
    5. If you wish to terminate or disconnect the Services following the minimum term,
      you can do so by providing us with 30 days written notice.
  11. Intellectual Property Rights
    1. You acknowledge that we own all rights, title and interest to the intellectual
      property in the Services, including any improvements or changes made to the
      Services during the time we are providing the Services to you. None of those
      rights, title and interest are transferred to you.
  12. Limitation of liability
    1. Neither we, our officers, employees, contractors or agents, are liable to you for
      any loss, damage or injury of any kind whatsoever (whether arising in contract,
      tort or otherwise and including any consequential loss) and whether suffered or
      incurred by you or another person whether such loss or damage arises directly or
      indirectly from Services provided to you or failing to provide Services to you.
      Without limitation, none of the people referred to in this clause are liable to you:
      (a) for the interception or ‘hacking’ of data by unauthorised third parties;
      (b) if any communication you make is not properly transmitted or received;
      (c) if any of our Services are not available at any time or are faulty;
      (d) for any delay in commencing the provision of Services;
      (e) if any software we supply does not operate properly;
      (f) if your computer becomes affected by any viruses, worms or malware;
      (g) for any costs or damages from damage caused by you de-installing the
      Equipment other than in accordance with our instructions;
      (h) for any costs incurred by using another suppliers services during a period
      when Services are not available or fully operational.
    2. No claim for damage, loss or injury (direct or indirect) against us in respect of any
      Services supplied by us, shall in any case exceed our average charges to you for
      one month.
  13. Indemnity
    1. You indemnify us against all costs, claims, losses (including any loss or damage to
      the Equipment), liabilities, damages and proceedings incurred by us arising from
      your use of the Services or Equipment.
  14. Privacy and Credit Checks
    1. You authorise us to retain information on the user for the purposes of
      communicating with you and from time to time making you aware of any offer of
      Services
    2. We may use the information we hold about you to carry out credit checks on you
      and may exchange information about you with our contractors, agents and
      representatives, with other carriers, and with credit reporting and debt collection
      agencies for the purpose of our business and to law enforcement agencies as
      required under law.
  15. Personal Properties Securities Act 1999 (PPSA)
    1. Ownership in all Equipment is retained by us unless we agree otherwise in writing.
    2. Clause 14.1 creates a security interest in our favour in any Equipment and/or any
      associated software or other goods supplied. If requested by us, you will promptly
      execute any documents, provide all necessary information, and do anything else
      we require to ensure that the security interest created under these Terms
      constitutes a perfected security interest in the Equipment and their proceeds,
      which will have priority over all other security interests in the Equipment.
    3. You agree we may register a security interest in the Equipment on the Personal
      Properties Securities Register and so far as permitted by section 107 of the PPSA
      you waive your rights under sections 114(1) (a), 116, 117, 119, 120(2), 121, 125,
      129, 131, 133 and 148 of the PPSA.
  16. General
    1. These Terms are governed by the laws of New Zealand and you agree to submit to
      the exclusive jurisdiction of the New Zealand High Court.
    2. These Terms constitute the entire agreement in relation to the provision of the
      Services. No modification or waiver of them is valid unless expressly made in
      writing and signed by an authorised officer of us and by you;
    3. Our failure to enforce any Terms is not a waiver of any of the rights or obligations
      we have under these Terms;
    4. If any provision of these Terms cannot be enforced or relied on by us all other
      provisions remain binding.
    5. You may not assign your rights under these Terms. We can transfer our rights and
      obligations under these Terms to anyone else.
    6. Neither you or us will be liable for failures or delays in performance of its
      obligations under these Terms due to any cause or circumstances beyond our
      control. We are not liable for failure to provide the Services due to acts of God,
      civil disorder or war, national or local emergency, adverse weather conditions,
      industrial dispute, or acts or omissions of other couriers or carriage Service.
    7. You may have rights under the Consumer Guarantees Act and these Terms do not
      limit those rights. However, if you use the Services for business purposes (or have
      told us you will do so) then you agree the Act does not apply to those Services.

Please note, by engaging in our services you are deemed to have accepted these terms & conditions in full.