1.1 These terms and conditions set out the basis on which CallPlus Services Limited provides telephone and Internet services to our residential customers (Slingshot services). If you use our telephone or Internet services for business purposes then our Terms and Conditions for Business Customers apply. A copy of those terms can be viewed at www.callplus.co.nz/business or is available by phoning customer services on 0800 89 5000.
1.2 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.
2.1 We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.
2.2 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.
2.3 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.
2.4 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.
2.5 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.
2.6 Up to date information about our current services can be found at www.slingshot.co.nz
2.7 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.
3.1 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 14 days’ notice and will tell you why the charge in increasing. You can always check the latest charges at help.slingshot.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.
3.2 We will invoice you for services we provide to you. However, we may elect to carry forward charges to the next billing period if your usage is below a minimum level. Fixed charges are payable in advance. Usage based charges (such as toll calls) are payable in arrears. If we change the frequency of your billing we will give you at least 14 days’ notice.
3.3 Tolls customers: You must pay each invoice within 19 days of the invoice date. If you do not pay any invoice within that time we may:
3.4 Internet customers: You must pay each invoice within 10 days of the invoice 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:
3.5 If you wish to raise a genuine dispute regarding an invoice of ours you must do so in writing within 20 days of the date of the invoice. We will consider any issues raised in good faith and will promptly advise you of any resolution or amendment to our charges.
3.6 All our accounts have a credit limit. If you need this raised or lowered, please contact our finance team on 0800 89 27 33. 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.
3.7 If you breach any of these terms and we incur costs as result, then we may require you to pay those costs.
4.1 You must not use our services in a way which breaks any laws, infringes anyone’s rights or is malicious, obscene or offensive.
4.2 If you use our residential voice services you cannot resell any services to another party. Our service can be used only for normal residential calling.
4.3 Our Calling Packs include 100 hours of toll calling per month to the destinations included in the pack. If the 100 hour limit is exceeded, then our standard per-minute rates will apply to all toll calls for the remainder of that billing period. You are responsible for monitoring usage and for any per-minute charges incurred, should the limit be exceeded. Calls can be made at any time, and costs are capped up to 2 hours. If a call is longer than 2 hours, our standard per-minute rates will apply for the portion of the call that exceeds 2 hours.
4.4 You must comply with any reasonable restrictions we impose or directions we give regarding the use of our services.
4.5 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 on 0800 89 2000.
4.6 You agree that we can act on any verbal instructions you give us in relation to the services.
4.7 We may install equipment and carry out other work at your premises. 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.
5.1 This clause applies if we provide internet access services to you.
5.2 You must use our service in a reasonable and responsible manner.
5.3 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.
5.4 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.
5.5 You are responsible for downloading to your computer any email that you wish to keep. We may, without notice to you, remove any email that remains on our servers for more than 90 days.
5.6 To maintain the integrity and reliability of our network, we reserve the right to occasionally manage your modem. This will 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.
5.7 If you change your address or phone line, give us 7 days’ notice and we guarantee to have you connected within that time or your first 2 months is free. This guarantee applies to new and existing customers and the notice period excludes public holidays. The new address must have had telephone services sometime in the previous month. This guarantee will not apply if a technician is required at the house and you are not available to grant access. The guarantee also excludes Ultra broadband plans. Better network and easyphone features are not available everywhere; these are address dependant. 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.
6.1 This clause applies if we provide broadband internet access services to you. Broadband services are not available in all areas. Ultra-Fast VDSL and Ultra-Fast Fibre residential plans are only available to residential customers with their home phone line, calling and broadband with us.
6.2 Our plan speeds are the maximum speeds at which you are able to send data to or receive data from our network. Because we rely on other providers to deliver data to or 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 used for any particular purpose.
6.3 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 and our capped plans at any time to 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.
6.4 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.
6.5 If you decide to cancel your broadband 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.
6.6 You will need a modem to use our broadband service. We can provide a modem 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.
7.1 This clause applies if we provide mobile network access to you. We provide mobile services via Spark New Zealand Limited as a mobile virtual network operator.
7.2 Our mobile services are at the maximum available speed and quality available from Spark’s mobile network. Because we rely on other providers, we are unable to guarantee the quality, reliability and coverage of the service will be available to you. Other issues beyond our control (such as radio interference, outages and network coverage), may result in you being unable to connect or you may experience a less than an optimal mobile service.
7.3 You may make local, national and international calls, text messages, internet services and access voicemail and other services. We do not support Voice over Internet Protocol on our mobile network and so do not assure you that currently available access levels may be maintained.
7.4 If your mobile or SIM card is lost, stolen or otherwise out of your control, contact us on 0800 89 2000 immediately, so that we can bar calls and use of our services. Be quick because you will be liable to pay for all calls and services up until you contact us and request that your account be suspended.
7.5 Your mobile overseas
7.5.1 Visit our website at www.slingshot.co.nz/mobile to see the countries where you can use roaming services. We must enable roaming services before you can use them. You can apply for roaming by calling us on 0800 89 2000. Because overseas network operators charge us when you use roaming services, we may require you to meet credit criteria before we enable roaming.
7.5.2 When using roaming services for outgoing calls, you will be charged at the overseas network operators’ rates. The charges vary and change without notice, so please check overseas pricing before using roaming services. You may also check with us on 0800 89 2000 or visit our website for further information. Charges for roaming services will appear on your monthly statement.
7.5.3 In addition to our charges, you should expect roaming services to incur charges from overseas network operators. When you use roaming services, we become liable for the terms of the overseas network operators. So please check their terms before you use roaming services in those countries because they will apply to you in addition to our terms.
7.5.4 While you use roaming services, promotional offers, minutes or other entitlements which may come with your pricing plan may not apply. Please call us on 0800 89 2000 before you leave New Zealand to check.
7.6 Our mobile device limit is a maximum of two. If you need more devices, additional credit checks may be required.
7.7 When you place an order and get your order number, you have committed to buying the item(s) from us. If you have made a mistake, call us on 0800 89 2000 within 7 days. We will do our best to resolve any problems. If you choose to cancel your mobile service after purchase, we may charge you early termination charges and other usage charges.
7.8 If you need to return your mobile device, please call us on 0800 89 2000. The mobile device must be returned to us in its original packaging and the box must be unopened and undamaged. All external wrapping and seals must be intact. If you return a mobile device that we do not consider to be packaged up like new, we won't be able to refund you. Instead, we will give you a call and we may also ask you to pay for the device to be sent back to you. This returns process does not apply to SIM cards.
7.9 We can only deliver things you buy to physical addresses 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.
7.10 If, for any reason, the device or SIM card we send you isn’t exactly what you ordered, or turns out to be faulty, we will do our best to get that fixed. Please contact us on 0800 89 2000 as soon as possible. If you wish to return a mobile device because you have changed your mind or the device is not what you thought it was or you wish to cancel a mobile plan, please see clause 7.8 above. It’s important to note that we’re not responsible for the items you send back until they arrive. If you buy a mobile device from us that stops working within its manufacturer’s warranty period, just call us on 0800 89 2000 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. At that point, you may be required to pay a bond to cover the cost of inspection by the manufacturer. If there is a genuine fault with your mobile device, you’ll get the bond back and the manufacturer will repair or replace your mobile device on the basis set out in their warranty terms. 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 device.
7.11 If you need to send a mobile device back for repair or replacement, there is a chance you might permanently lose any contacts, ringtones, messages, games or other downloads that you have saved on your device. So we recommend that before you send a device back to us, you back-up this data. We aren’t responsible for any loss of data from your device in the case of repair or replacement.
8.1 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 of the change as we can.
8.2 If you wish your details to be available through directory assistance and/or in the White Pages then we will pass your name, number and address to Spark. You agree that Spark can use your details for those purposes.
8.3 Subject to the terms of the Consumer Guarantees Act 1993, you agree that no member of the Spark 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.
9.1 This clause applies if we provide IGLOO services to you.
9.2 Please refer to www.igloo.co.nz for terms of service, and the 'important information' notices supplied with the IGLOO Set Top Box relating to: equipment, geographic coverage, warranty, electronic programming guide, software licence and notices relating to the manufacturer and third party intellectual property. If you have IGLOO warranty or service questions, please call IGLOO on 0800 2 IGLOO (0800 2 44566) or email firstname.lastname@example.org.
9.3 Geographic coverage restrictions apply. Your ability to receive IGLOO services is dependent on the coverage of IGLOO terrestrial transmission in your local area. You are required to have and to check prior to purchase that you have a working UHF aerial and cabling to your television and to be in the Freeview UHF terrestrial coverage zone. You will not be able to receive Freeview or SKY TV satellite transmissions.
9.4 IGLOO equipment comes with a 12 month warranty against defects in materials or workmanship arising from the first 12 months after installation. For details of the warranty and any equipment warranty claims, please contact IGLOO on 0800 2 IGLOO (0800 2 44566)
10.1 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. 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 through the “Member Services” section of our website or by calling us on 0800 89 2000. If you purchase the ESET antivirus product through us then the term of the license for that product is month to month.
10.2 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.
10.3 If your services are terminated for any reason you must still pay us for services provided to you up to the date of termination.
11.1 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.
11.2 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.
11.3 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.
11.4 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.
11.5 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.
11.6 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.
11.7 If we or anyone described in clause 11.6 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.
12.1 We may require credit references and other credit information from time to time. We may also supply your information to credit reference agency Dun and Broadstreet, 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.
12.2 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.
12.3 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.
12.4 Any personal information we collect is kept at our offices at Level 3, 110 Symonds Street, Auckland. You are entitled to see any information we hold about you (although you must pay our reasonable charges for making it available) and to request that any incorrect information be corrected.
12.5 We may record calls you make to us to verify information and for staff training purposes.
12.6 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 89 2000.
12.7 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.
13.1 Except where you wish to terminate our services (in which case you must follow the procedure in clause 10), if you wish to notify us of anything you can do so by writing to us at PO Box 108-109, Symonds Street, Auckland 1150 or by calling 0800 89 2000. We may require you to confirm in writing any advice you give us by phone.
13.2 If we wish to communicate with you or notify you of anything we can do so by post, phone, facsimile or email to the last known address or number we have for you.
13.3 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.
13.4 If your contact details change you must advise us of the new details as soon as possible.
14.1 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, 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.slingshot.co.nz/terms. If you do not agree to the changes, you may terminate the service which is the subject of the changes.
14.2 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 New Zealand courts.
14.3 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.
14.4 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.
CLICK HERE to view Slingshot's Annual Compliance Report with s122 of the Copyright Act.