General Terms and Conditions for Consumer

Terms and Conditions for Consumer

Capitalised terms have the meaning given to those terms in the glossary at the bottom of this page.

1. Using our Services

   1. You must be at least 18 years old to take up our Services.

   2. The Consumer Terms apply to the Services we provide when you use a consumer Plan. If you are using a business Plan, see our Business Terms.

   3. During a support call, our agents may remotely access your Ping Broadband supplied modem to help resolve performance issues. Ping has no visibility of your personal data or browsing history. If you wish to opt out of your Ping supplied modem, you can do this anytime by contacting us.

2. Length of Services

   1. The starting date of your contract is the same date as your Services start working, unless another date is provided in your Specific Terms.

   2. If you have signed up for a fixed contract term, you agree to receive the Services for that full amount of time. Once this time is up, we will provide the Services to you month-by-month, until you cancel them.

   3. Services will not carry over unless stated in your Plan terms.

3. How we provide our Services

   1. We’ll take reasonable skill and care to provide you with Services in a reasonable timeframe and to ensure our Services do everything we say they will. We’ll do this as best we can, but there are some things we can’t control, such as the systems and technology we don’t own. We may need to temporarily stop a Service if we or our suppliers need to fix or carry out any maintenance on the Network. This means we can’t promise or guarantee that our Services will be available everywhere, always suit your needs, work on time, never break or that speeds will never vary.

   2. We can choose how we provide a Service and any technology used in doing so. We may ask you for information, assistance and consents to enable us, our contractors or suppliers to obtain authorisations, licences or consents that may be required to provide Services to you and if needed to install our Equipment at your premises. You must use Equipment that is compatible with our Network to receive our Services.

4. Payment and billing

   1. We will bill you on a monthly basis by post or online. For online billing, we will send you a notification, via email and/or text, that your bill is ready to be paid. If you elect for physical billing, we may charge you a Charge to reflect the cost of doing so.

   2. You may change your billing method at any time, but keep in mind that you need to provide sufficient notice when changing from online to paper billing if you would like to receive that month’s bill in paper form.

   3. You must pay your bill on time and follow any instructions on the bill, otherwise, we may:

      • charge you a late payment fee, which reflects what it costs us to recover the money you haven’t paid;

      • suspend or cancel the Service; and

      • if you are disconnected and have an outstanding debt with us, we may pass that debt to a debt collection agency who will then have the right to collect that debt from you.

   4. If you have outstanding payments and we receive an amount from you which is less than the total amount you owe to us, we may apply that amount towards payment of any outstanding bills in an order that we choose.

   5. All Charges, unless otherwise stated, exclude GST.

   6. You are responsible for all Charges incurred through using our Services, including use by any other parties, except:

      • charges incurred because of our error or negligence; or

      • charges for unauthorised use (except to the extent this use was due to your negligence, carelessness, breach of contract, or for not following our reasonable instructions, or by another party within your reasonable control).

   7. We won’t charge you any interest on any credit balance or security deposit in any of your accounts and can use those amounts to pay any of your outstanding Charges for any of your Services.

   8. We might charge you a reasonable fee for running any inactive accounts, which may include things like: providing statements, dealing with unused credit balances, or for the costs of maintaining your accounts.

5. Credit checks

   1. You give us permission to run credit checks and ongoing assessments on you when we think, acting reasonably, that it’s appropriate. If you do not meet our standard credit check requirements as a result of those checks, we might restrict your Service or stop providing it to you.

6. Changing your Services
   We may change our Services, Plans, Charges or Consumer Terms at any time. You may also decide to change your Services or technology. This section tells you how these changes will affect you.

   1. Changes that are positive or neutral: When we reasonably think that these changes will be neutral or good for you (i.e., we move you to a comparable Plan or Service where we think you will be better off), we will make them straight away. We won’t necessarily tell you about these changes.

   2. Changes that disadvantage you: If a change disadvantages you, and the change is within our control, we’ll give you 30 days’ notice of the change or where that is not practical, as much notice as possible, via email, text message, letter or by publishing the change on our website.

   3. Changing your Plan: If you want to change your Plan or technology that your Service runs on, there might be specific terms that apply and it is a good idea to check the Consumer Specific Terms. It is up to you to let us know if you want to change your Plan or Services. There may be a transfer Charge if you are on a fixed term contract.

   4. Moving premises: If you move premises, then you must give us at least one month’s notice before you move.

   5. When we stop providing a Plan or Service: There may be times when we decide to stop providing a Plan or Service to you and other Ping Broadband customers. When this happens, the agreement you have with us will stay and we will move you to another Service or Plan.

7. You or Ping Broadband ending your Service
   You:

   1. If you’re on a fixed term contract and decide to cancel your Plan we may charge an Early Termination Charge. If you’re cancelling because of a change that disadvantages you (under 6.2, above), an Early Termination Charge won’t apply but you will need to pay any other outstanding amounts for the Services you have with us.

   2. It is up to you to let us know if you want to cancel your Plan or Service with us. Once you’ve told us you are cancelling, you will have to pay us for the next 30 days or up to your disconnection date, whichever is longer. During this time, we will continue to provide the Plan or Service. You can ask us to disconnect earlier but we will require at least 7 days to process a disconnection request. We will charge you for the full notice period even if you ask for an earlier disconnection.

   3. If you are cancelling due to a change under 6.2 above, you’ll need to do so within a reasonable timeframe of being notified of the change to not be charged an Early Termination Charge.
      
      Us:

   4. We may restrict, suspend, or end your Plan or Services for any reasons outlined here. If your Plan is cancelled, you will lose any unused entitlements on your Plan. An Early Termination Charge may apply, as outlined in the table here, depending on the reason. You agree to pay any outstanding Charges.

   5. We will terminate the Services we provide to you immediately if we have reasonable grounds to believe you have used the Services or our Network to:

      • share, access or transmit content that is classified as objectionable under the Films, Videos, and Publications Classification Act 1993;

      • transmit unwelcome communications (including spam and unsolicited commercial electronic messages as defined in the Unsolicited Electronic Messages Act 2007);

      • use or transmit any spyware, viruses, or any other items which could interfere with any network, device or computer system;

      • attempt to gain unauthorised access to any service or data that you have not been given permission to access; or

      • attempt to deceive or defraud anyone (e.g. by claiming to be someone you are not).

   6. We may impose conditions or require payment of Charges during a suspension or for reconnecting any Services.

8. Our Equipment and property

   1. Do not tamper with or interfere with our Equipment, and return it to us immediately on request. You understand and agree that only Ping Broadband or its agents may carry out works or repairs on our Equipment.

   2. You are responsible for repairing, replacing or reimbursing us for any item of our Equipment that is lost, stolen or damaged while under your control.

   3. Sometimes we will need to install services at your premises, and if we do, then we will arrange a time with you for the installation. If you live in rented premises, then it is up to you to ask your landlord for consent. If you are not home on those agreed times, we may charge you for that visit.

   4. Your phone number (local or mobile) is allocated to you by us or another telecommunications service provider. The number is not owned by you. We will not change any phone number allocated to you except where required by law, by contracts with third parties, or by causes outside our control.

   5. You are responsible for any home sockets and wiring in the premises where the Services are provided. If you notify us about a fault and we arrange for someone to visit your premises, you may be charged a Charge for this if we find there is no fault, or the fault was caused by your wiring, equipment or hardware set up.

9. Liability
   This section talks about liability to each other.

   1. Nothing in this section affects any rights and remedies you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986. But if you’re using our Services for business use in trade or business transactions, then the provisions of those Acts do not apply to the Services we provide to you.

   2. Your liability: You are liable to us for any breach of contract, except to the extent we have caused the loss.

   3. Your limitation: Your liability is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. You agree to take reasonable steps to avoid or minimise any loss we could suffer from providing Services to you. 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.

   4. Our liability: We are liable to you for any breach of contract, except to the extent that you caused the loss. Also, we are not liable for:

      • loss of your data;

      • loss of profits or any consequential, indirect or special damage, suffered by you or any other person; or

      • for any loss that is caused by something we don’t reasonably control, for example a failure by a Network Operator, an act of God, earthquake, terrorism, strike, pandemic shortage of suitable labour or materials.

   5. Our limitation: Our liability is limited to $5,000 for one incident or $10,000 for a number of incidents within any 12 month period. This limitation does not apply to any loss or damage caused by fraud, wilful breach or wilful damage.

   6. In this section, Ping, us and we means Ping Broadband Limited. It does not include any related company of ours, Network Operators, our dealers, agents, contractors and suppliers (and their officers, employees, contractors and agents). This means that only Ping, and none of our connected companies, partners or suppliers will be liable to you for loss or damage in connection with our Services or Equipment.

10. Safely and security

    1. You are responsible for maintaining the security of any access codes or passwords used to access your Services or account information.

    2. We can’t guarantee perfect security of the information passing over our Network. You are responsible for reviewing the classification information for any content you access using our Services, and for ensuring it is suitable for anyone else who has access to your Services.

11. Contacting you

    1. We may need to contact you from time to time, to give you billing information or tell you things about your Plan or Service. We will do this via email or text, using the contact details you have provided us. Please tell us as soon as possible if any of your contact details or other information you’ve given us changes.

12. Miscellaneous

    1. Transferring our part: We may transfer this Agreement without notice although, if possible, we will give you notice in advance.

    2. Transferring your part: You must obtain our written consent to transfer this Agreement which we will give where reasonable.

    3. Priority of terms: If there are any differences between these General Consumer Terms, or Specific Consumer Terms, the Specific Consumer Terms will take priority.

    4. Governing law: New Zealand law applies to this Agreement and our Services. You agree that a New Zealand court will hear any claims.

    5. Severability: If any clause, or part of a clause, in this Agreement is found to be unfair or unenforceable, the rest of the Agreement will continue to apply.

    6. Further enforcement: If you or we fail to enforce our rights under this Agreement, it will not prevent you or us from taking further action.

13. Recovery and collection

    1. Guarantee by all customers

       • All costs of or incurred by Ping Broadband Limited as a result of a default by the Customer including but not limited to administration charges, debt collection costs and legal costs as between solicitor and client shall be payable by the Customer.

       • By connecting Ping Broadband services you accept all the Terms of Service listed above and agree to a Credit Check from an agency of our choosing.

    2. Personal guarantee of Company Directors or Trustees

       • If the Customer is a Company or Trust, the Director(s) or Trustee(s) signing this contract/letter of engagement, in consideration for Ping Broadband Limited agreeing to supply services and grant credit to the Customer at their request, also sign this contract in their personal capacity and jointly and severally personally guarantee as principal debtors to Ping Broadband Limited the payment of any and all moneys now or hereafter owed by the Customer to Ping Broadband Limited and indemnify Ping Broadband Limited against non-payment by the Customer. The signatories and the Customer shall be jointly and severally liable under these Terms and Conditions and for payment of all sums due hereunder.

Agreement
The Consumer Terms between us and you, which are made up of the General Terms and Specific Consumer Terms.

Charges
Any charges for the Services (including those set out in the Plan terms) which may include: the monthly charge for your Plan; any fees; any taxes, levies, or government charges relating to our Services; and any charges for ancillary services.

Consumer Terms
Made up of these General Consumer Terms and the Specific Consumer Terms.

Early Termination Charges
The Charge that applies if you agree to take a Plan for a fixed length of time and you cancel your Plan before the end of that term.

Equipment
Equipment used to provide Services to you, (e.g. a mobile device, a SIM card for Mobile Services, a modem etc.)

General Consumer Terms
Refers to these terms, which apply to the Services we provide when you use a consumer Plan.

Network
The communication systems we use to provide the Services.

Network Operator
Us and any third party with which we have entered into an arrangement which provides for the passing of communications between us and that third party or an arrangement to resell wholesale services.

Plan
The bundle of entitlements for the Services you have selected and which we provide to you. This is your Pay Monthly or Prepay mobile Plan or your Broadband Plan. 

Services
Ping Broadband Limited's consumer mobile, broadband and landline phone services (excluding any business, corporate or government services) and any other consumer services that we or our agents may provide you.

Specific Terms
Our Mobile Terms, Broadband and Home Phone Terms, Pay Monthly Mobile Terms.  There will be a set that applies to you specifically, depending on which of these Services you use.