Wireless Nation Mobile Phone Services Terms of Service

These Terms of Service (in short referred to as “Mobile Phone Terms”) were last updated on 20 May 2024.

1. THESE TERMS

1.1 These terms and conditions set out the basis on which Wireless Nation Limited provides mobile phone Services to their Customers.

1.2 Additional terms may apply if agreed in writing, particularly for business customers. If so, Wireless Nation will tell the Customer what those terms are – these additional terms will generally be incorporated into the Final Proposal. If there is any conflict between these Mobile Phone Terms and any additional terms, the additional terms will prevail.

1.3 Wireless Nation’s general Terms of Service also apply. If there is a conflict between these Mobile Phone Terms of Service and Wireless Nation’s general Terms of Service, the Wireless Nation Mobile Phone Terms of Service will prevail.

2. INTERPRETATION

2.1 “Agreement” means the Final Proposal and these terms and conditions.

“Customer” means the Wireless Nation customer who is liable for the costs under this agreement.

“Roaming Pack” means a roaming pack supplied by Wireless Nation made up of a bundle of minutes, data and text messages that lasts a certain number of days (as of March 2024 up to 14 days) before expiring.

“Auto Buy” means a Roaming Pack is automatically added when text, calls or data are used in an applicable country.

“Wireless Nation” means Wireless Nation Limited, Level 1, 2 Fred Thomas Drive, Takapuna, Auckland 0622.

“Equipment” means any equipment supplied by Wireless Nation or a third party to the Customer for the provision of Services from time to time.

“Final Proposal” means the document signed by the Customer or the online form completed by the Customers on our website or the verbal order of Services via a phone call to Wireless Nation that sets out the Services to be provided by Wireless Nation, the length of the contract and the cost of the Services.

“Notifiable Privacy Breach” is as defined in the Privacy Act 2020.

“Personal Information” is as defined in the Privacy Act 2020.

“Mobile Device” means any mobile hardware other than SIM cards (including but not limited to handsets and accessories).

“Roaming” means using the cell phone network of another provider in an overseas country or on aeroplanes or ships.

“Services” means any or all of the services that Wireless Nation have agreed to provide the Customer as set out in the Final Proposal and as varied from time to time.

“Website” means www.wirelessnation.co.nz.

3. COMMENCEMENT OF AGREEMENT

3.1 This agreement commences from the date the Services are commenced/installed and continues until it is terminated pursuant to this agreement. 

3.2 The provisions of this Agreement which by their nature survive termination, include, without limitation: clause 5, clause 10, and clause 11.

4. WIRELESS NATION’S SERVICES

4.1 If required, and at the discretion of Wireless Nation, Wireless Nation may sub-contract other carriers to provide part of any Service.

4.2 While Wireless Nation takes all reasonable security precautions, due to the nature of telecommunications services Wireless Nation cannot guarantee the confidentiality of any calls or transmissions the Customer makes using the Services.

5. CHARGES

5.1 Wireless Nation may vary the charges from time to time. If any charge increases, Wireless Nation will give the Customer reasonable notice of the increase. Current charges can be found on the rate card on our Website.

5.2 If the Customer breaches any term of this agreement, and Wireless Nation incurs costs or suffers losses as a result, the Customer will be liable for indemnifying Wireless Nation for those costs and/or losses immediately upon demand.

5.3 Freight charges may be charged to the Customer.

5.4 All pricing shown in quotations, on the website, given on the phone and on the Final Proposal are inclusive of GST unless otherwise stated.

5.5 All charges are shown in New Zealand Dollars (NZD) unless otherwise stated.

6. USING WIRELESS NATION’S SERVICES

6.1 The Customer agrees that they will:

(a) comply immediately if Wireless Nation asks them to change their handset or other equipment (e.g. mobile phone) if it is not suitable for New Zealand radio networks e.g. it is impacting on radio frequencies of other providers. If the Customer does not comply, Wireless Nation reserves the right to suspend or terminate the Customer’s connection immediately without further notice.

(b) authorise Wireless Nation to act on any verbal instructions the Customer gives it in relation to the Services. The Customer should notify Wireless Nation of who is authorised to make changes to their account;

(c) make sure nothing is connected to Wireless Nation’s network unless it has a Telepermit (a label showing that the equipment is compatible with Wireless Nation’s upstream provider’s network) or is otherwise approved by Wireless Nation. This helps to ensure that the Customer’s Mobile Device does not damage the network, although this does not mean that the network will always remain compatible with the Customer’s Mobile Device.

7. MOBILE SERVICES

7.1 Technology and Equipment:

(a) Wireless Nation’s Mobile Services are provided to the Customer using the Spark network.  Mobile Services are only available in certain mobile coverage areas. Speeds and coverage will vary and can be affected by traffic congestion, outages and when we work on our networks as well as interference from external factors such as the weather and radio.  Your coverage and speed can also be affected by how you, and your intended recipient, have set up your mobile phone.

(b) If your mobile phone or SIM is lost, stolen or damaged, please contact Wireless Nation immediately so we can block it from our network. This will stop you from being charged for any further activity on your SIM or device. It is the responsibility of the Customer to keep their SIM and mobile device secure.  

(c) The Customer acknowledges that access to the mobile Services is dependent upon their equipment and hardware. If the products used by the Customer do not support all of the mobile Services, Wireless Nation is under no obligation to ensure the Customer’s access to those Mobile Services.

7.2 Mobile Plan Voice and Data Inclusions:

(a)  For plans that include unlimited calling and text messages, this means calls to New Zealand and Australian standard mobiles and landline numbers while in New Zealand.  It does not include mobile roaming usage, calls or texts to other international numbers, 0900 calls, operator assisted and directory related services and calls to special numbers.

(b) All mobile to land (national and international) and mobile to mobile calls made within New Zealand are calculated to the nearest second at 1/60th the appropriate per minute rate, then rounded up to the nearest cent. There is a one minute minimum charge for all calls.

(c) Some of our phone plans have Endless Data. This means that you’ll have a certain amount of max speed data (for example, 40GB) per month. This is your max speed data allowance. Once you’ve used all your max speed data allowance, you will have endless data for the rest of your pack or plan or extra duration, but your speeds will be reduced, which may impact your experience because it will be slower. You may experience some degradation (such as lower video resolution) when watching video, streaming or loading images.

(d) Data used will be counted against the Customer’s data plan allowance in whole 10KB packets, with part packets rounded up. Megabyte usage is based on the amount of data transferred (both uploading and downloading).

(e) Shared data plans include bundled megabytes of data.  Any unused megabytes at the end of the month cannot be carried forward or redeemed.

7.3 All mobile Services are subject to the fair use policy set out in this clause:

(a) The Customer agrees that their use of the mobile Services must be fair, reasonable, and not excessive, as reasonably determined by Wireless Nation from time to time by reference to the average Customer profiles and estimated Customer usage of Wireless Nation’s mobile Services.

(b) If the Customer’s usage of the mobile Services materially exceeds estimated use patterns over any day, week or month (or other period of time as determined by Wireless Nation) or is inconsistent with normal usage patterns, then, in addition to potentially being liable for excess usage charges, the Customer’s usage may be deemed excessive or unreasonable.

(c) No mobile Service allows for activities aimed at making profit or reselling the mobile Service or using the mobile Services in an unfair or excessive way and any such use of the mobile Services is a breach of this agreement.

(d) For the avoidance of doubt, fair use of Wireless Nation’s mobile Services excludes activities such as auto-dialling, continuously call forwarding, tele-marketing, call centres and use of Cellular Trunking Units (including SIM boxes and GSM gateways).

(e) If Wireless Nation is of the view that the Customer’s use of the mobile Services is excessive or unreasonable, it may contact the Customer to advise them. If the Customer does not alter their usage of the mobile Services in line with Wireless Nation’s request, Wireless Nation may, without further notice, charge the Customer for the excessive and/or unreasonable element of the Customer’s usage or suspend, modify or restrict use of the Customer’s mobile Services or withdraw access to the mobile Services.

7.4 If the Customer downgrades or cancels the mobile pricing plan on any of their mobile Services, then the Customer may be liable to pay administration and/or early termination charges in respect of those mobile Services. If the Customer upgrades their plan there will be no administration charge and the new plan will take effect from the 1st of the following month.

7.5 Mobile connections on a term commitment will automatically revert to the advertised open term pricing after the initial term has expired. At this time there will be the opportunity to revisit the pricing and term.

7.6 Shared business data plans include a set allocation of data each month. If the Customer uses more than the included data allowance the Customer will be charged and must pay for any usage over the included allowance as detailed in your individual business services agreement.  

8 ROAMING 

8.1 Casual Roaming and Auto-buy Roaming are enabled for our mobile phone Services automatically when you go outside New Zealand. The only way to avoid incurring any roaming charges is by switching off cellular data on your phone for the entire time you are away and not making or taking phone calls and not sending any kind of SMS text messages.

8.2 An Auto-Buy Roaming Pack will automatically be added to the Customer’s account when using the mobile phone Service in countries where Auto-Buy Roaming Packs are available unless the Customer advises Wireless Nation in writing or by telephone at least 3 working days ahead of time that the Customer would like this disabled. 

8.3 An Auto-Buy Roaming Pack lasts up to 14 days from when the Auto-Buy Roaming Pack is activated. Data, calls and texts included in an Auto-Buy Roaming Pack can be found on Wireless Nation’s website.

8.4 Additional Auto-Buy Roaming Packs will be added consecutively:

1. as soon as one component of the Auto-Buy Roaming Pack is used up, whether that be the data, calls or texts, or 
2. once the 14 day period has passed.  

8.5 In countries where there are no Auto-Buy Roaming Packs available, as well as on ships and aeroplanes, or where the Customer has requested to disable Auto-buy Roaming Pack, Casual Roaming rates apply. These charges can be very expensive and add up quickly, so caution is advised when using this option. Roaming can be turned off on your mobile phone handset.  

8.6 Current pricing for both Casual Roaming and Auto-Buy Roaming Packs can be found on Wireless Nation’s website.

9. PHONE NUMBERS

9.1 Unless Wireless Nation has agreed otherwise in writing, all addresses, phone numbers, electronic addresses and other codes allocated to the Customer remain the property of Wireless Nation or its upstream provider.

9.2 Wireless Nation may be required by law or for operational reasons to change the phone number(s) or electronic addresses allocated to the Customer. If this is necessary, Wireless Nation will give the Customer as much notice as reasonably possible of any such change.

10. CONSUMER GUARANTEES ACT AND LIMITATION OF LIABILITY

10.1 The Customer agrees that, if they are using the Services for the purposes of a business, the Consumer Guarantees Act 1993 statutory guarantees do not apply to their connection or the Services to the maximum extent permitted by the legislation. The Customer agrees (whether the Customer is using the Services for the purposes of a business or otherwise) that Wireless Nation excludes and do not have any liability of any kind (whether in contract tort or otherwise) to the Customer or anyone claiming through the Customer, relating to any economic loss, loss of profits or revenue, loss of data, lost business or missed opportunities, wasted expenditure or savings the Customer might have had or any form of indirect or consequential loss or damage whatsoever arising from:

(a) the Customer’s connection to the Wireless Nation network or the content or supply of any Services;

(b) the Customer’s use of the Mobile Device;

(c) the failure, interruption or delay in the supply of, any Services or any part of them or any negligence in this regards;

(d) the fitness of all or any of the Services or Equipment for any particular purpose;

(e) errors in or omissions from any directory listing;

(f) the inaccurate or incomplete transmission of any call or any email;

(g) any other matter which relates to this agreement.

10.2 Wireless Nation’s liability to the Customer under or in connection with this agreement, for any loss or damages which the Customer incurs as a direct result of Wireless Nation’s failure to meet any of its obligations under this agreement or for any negligence by Wireless Nation in relation to the supply of the Services, will be limited to the value of 3 average months’ Services used by the Customer under this Agreement for all events occurring in any 12 month period.

10.3 If the Customer uses another service provider’s services during any period when the Services are not fully operational, Wireless Nation is not liable to pay or reimburse the Customer for any amount the Customer may be charged by that service provider.

10.4 No other network operator and/or third party supplier (including their officers, employees, contractors and agents) will be liable to the Customer for loss or damage of any kind arising from the Customer’s use of the Services. This clause creates a right and benefit that other network operators and/or suppliers can enforce as a defence to any claim.

10.5 Apart from the warranties expressly given to the Customer in this agreement, all other warranties, express or implied, are excluded to the extent permitted by law.

11. PRIVACY

11.1 Any personal information Wireless Nation collects is kept at their offices at Level 1, 2 Fred Thomas Dr, Takapuna, Auckland.

11.2 Wireless Nation will notify the Customer if Wireless Nation is made aware of any Notifiable Privacy Breach that affects any information the Customer has provided to us and where the Privacy Act 2020 requires individuals and/or the Privacy Commissioner to be notified. Wireless Nation will co-ordinate and consult with its upstream provider on the contents of any such notification(s) where applicable. 

12. CHANGING THESE TERMS/VARIATIONS TO CUSTOMERS CONTRACT

12.1 Wireless Nation may vary these terms from time to time in line with the provisions of Wireless Nation’s Terms of Service.

13. SERVICES PROVIDED BY THIRD PARTIES OVER THE NETWORK

13.1 Wireless Nation takes no responsibility for the accuracy, completeness or currency of any content or material or services that the Customer may access or have provided to the Customer by a third party through the Services or for any charges that the Customer may incur by their use of such content, materials or services.

13.2 Wireless Nation are not responsible for:

(a) ensuring that the information the Customer accesses or makes available through using the Services will be private or secure or free from viruses or other harmful things;

(b) any transactions the Customer enters into through use of the Services or any dealings between the Customer and any advertisers or other third parties using the Services or the Customer’s participation in any promotions;

(c) any delay in receipt of information the Customer selects for transmission to their mobile phone; and

(d) fixing any faults in any part of the Internet beyond Wireless Nation’s network.

14. FORCE MAJEURE

14.1 Wireless Nation will not be liable for any delay or failure of the Services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by a “Force Majeure Event”. “Force Majeure Event” means anything outside the reasonable control of a Party, including acts of God, strikes by employees of a third party, acts or omissions (including laws, regulations, disapprovals or failures to approve) of any government or government agency and includes (unless expressly stated otherwise by other terms of the Agreement):

(a) unavoidable accident, explosion, public mains electrical supply failure, or nuclear accident;

(b) cyber events, cyber terrorism, sabotage, riot, security events, civil disturbance, insurrection, epidemic, national emergency (whether in fact or law) or act of war (whether declared or not);

(c) requirement or restriction of, or failure to act by, any government, semi- governmental or judicial entity;

(d) Service Providers’, or any other third party’s acts or omissions (including failure to deliver) outside of Wireless Nation’s reasonable control; and

(e) any other similar cause beyond the reasonable control of the Party concerned.

14.2 A Force Majeure Event does not include:

(a) any event which the affected party could have avoided or overcome by exercising a standard of reasonable care at a reasonable cost;

(b) a lack of funds for any reason or any other inability to pay; or

(c) strike, lockout, work stoppage or other labour hindrance by employees of a Party or its Related Companies unless the strike is part of an industry wide campaign which does not arise out of a dispute between that Party or Related Company and its employees.