1.1 These terms and conditions set out the basis on which CallPlus Services Limited Company Number 1271483 trading as Slingshot (Slingshot) provides telephone and Internet Services to our residential customers.
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.
1.3 Depending on which Slingshot Services you choose to use, you will also be bound by the specific terms and conditions published on our website relating to your selected Plan and any specific terms and conditions relating to the Services you use.
1.4 If there is any conflict or inconsistency between:
2.1 Not all Services are available in all areas or to all customers.
2.2 We are not obliged to provide Services unless we accept your application. We can decide whether or not to accept any application and we cannot guarantee the availability of a Service until it is connected.
2.3 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.
2.4 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.
2.5 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.
2.6 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.
2.7 We may suspend or restrict your use of the Services or disconnect you from the Network without warning if:
2.8 Up to date information about our current services can be found at www.slingshot.co.nz
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. 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 minimum 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 If you breach any of the terms of your Agreement with us and we incur costs as result, then we may require you to pay those costs.
3.4 The Charges for each Service are those specified in this Agreement, as varied in accordance with this Agreement.
3.5 If any Charge is not expressed to be GST inclusive, Customer will pay to Slingshot at the same time an amount equal to the amount of GST on the supply. Slingshot will issue a tax invoice to Customer.
3.6 Slingshot may charge Customer a late payment fee if an Invoice is not paid in full by the Due Date.
3.7 Unless shown to be incorrect, an Invoice is sufficient evidence of the provision of the Services and of the entitlement to make the Charges to which the Invoice relates.
3.8 Tolls customers: You must pay each invoice within 19 days of the invoice due date. If you do not pay any invoice within that time we may:
3.9 Internet customers: You must pay each invoice within 10 days of the invoice due 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:
3.10 If you wish to raise a genuine dispute regarding an Invoice 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.
3.11 If Customer has authorised Slingshot to debit the Customer’s account or credit card in connection with Charges and other amounts owing on an ongoing or recurring basis, the Customer acknowledges and agrees that Slingshot may without further notice, debit from the account or credit card, on the Due Date all Charges or other amounts owing until fourteen (14) days from the date that Customer revokes that authority.
3.12 Your account with us will 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 Service/s. We will notify you if this is required.
4.1 You must:
4.2 We may install equipment and carry out other work at your premises in order to provide you with the Services. 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.
4.3 You are responsible for providing suitable environmental conditions for any Equipment and the Services, including reliable electricity supply with surge protection, if applicable.
4.4 If you decide to cancel your 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.
4.5 When you place an order and get your order number, you have committed to buying the item(s) and/or Service/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 Service after purchase, we may charge you Early Termination Charges and other usage Charges.
5.1 This clause applies if we provide Voice Services to you.
5.2 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.
6.1 This clause applies if we provide Internet Access or Broadband Services to you.
6.2 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.
6.3 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.
6.4 You will need a suitable modem to use our Internet Access and 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.
6.5 To maintain the integrity and reliability of our network, we reserve the right to occasionally manage your modem to ensure a high level of security within our network and may include such tasks as updating router firmware, updating DNS settings and updating or changing general settings.
6.6 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.
6.7 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.
6.8 This guarantee will not apply:
6.9 Better Network and Easyphone features are not available everywhere; these are address dependant.
6.10 Our plan speeds represent the theoretic maximum speeds at which you are able to send data to or receive data from our network. Actual speeds you experience depend on many different factors such as other providers’ delivery of data to or from our network, your phone line quality, your equipment, number of users accessing the Services in your Premises and many other factors. We cannot guarantee that our Services will always be available or that they can always be used for any particular purpose.
6.11 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 to protect our network and 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.
6.12 We do not proactively monitor what content you download or access, however we must act on lawful requests for information and/or interception as well as infringement notices which we receive under the Copyright (Infringing File Sharing) Amendment Act 2011. This action may include sending you an infringement notice. Please see www.slingshot.co.nz/terms-and-conditions/copyright-notice for further information and click here to view Slingshot’s Annual Compliance Report with s122 of the Copyright Act.
6.13 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 Services with us.
6.14 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.
7.1 This clause applies if we provide Mobile Network Access Services to you.
7.2 We provide mobile Services via upstream providers (currently Spark New Zealand Limited) as a mobile virtual network operator.
7.3 You may make local, national and international calls, send text messages, use mobile internet data and access voicemail. 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 You agree to:
7.5 We supply our Mobile Services at the maximum available coverage, speed and quality available from our upstream supplier’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.
7.6 If your mobile device 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 the Service/s. 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.
7.7 Roaming services allow you to use your Slingshot Mobile Service in a country other than New Zealand (Roaming Services).
7.8 Visit our website at www.slingshot.co.nz/mobile/slingshot-mobile to see the countries where you can use Roaming Services.
7.9 Roaming Services are enabled by default, however you may need a cash allowance add on for some Prepaid Plans. To turn off Roaming Services, please call us on 0800 89 2000.
7.10 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 enabling 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.
7.11 When using Roaming Services, promotional offers, minutes or other entitlements which may come with your Plan may not apply. Please call us on 0800 89 2000 before you leave New Zealand to check.
7.12 If you use Prepaid Mobile Services, you will need to have a Prepaid Account which is in credit, or have included quota remaining on an active Prepaid Plan. As Charges are incurred they will be deducted from your credit balance.
7.13 You can add additional credit to your Slingshot Prepaid Account by;
7.14 Credit on your Slingshot Prepaid Account is not refundable for cash
7.15 You will not receive an Invoice for your use of Slingshot Prepaid Services but you can check usage and account balance via the Slingshot App, the Dashboard, the Slingshot Mobile Menu, or by calling Customer Services.
7.16 Each Slingshot Prepaid Service card or voucher has an expiry date printed on it and cannot be used after that date. We will not give refunds for any cards or vouchers not used by their expiry date. If you have a Slingshot Prepaid Service card or voucher which has not reached its expiry date and appears to be faulty, contact Slingshot Customer Services.
7.17 The Charges for calls made from your Mobile Device are set out in your Prepaid Plan. Generally, there is a minimum one minute charge for each call and calls are charged by the minute. Slingshot’s standard data rates are calculated based on usage and billed in 5KB blocks, rounded up to the nearest 5KB at the end of each session or every 15 minutes (whichever comes first), and a minimum charge of 1c per session applies. Slingshot’s data rates for included data in a Slingshot Prepaid Plan is calculated based on usage and billed in 5KB blocks, rounded up at the end of a data session or every 15 minutes (whichever comes first) and a minimum charge of 20KB applies. (Where: 8 bits (b)=1 Byte (B); 1024 Bytes=1 Kilobyte (KB); 1024 KB=1 Megabyte (MB)).
7.18 SMS is charged per SMS sent. Please see your Prepaid Plan for more information about Charges for calls, SMS and data. The Charges for our other Services are set out on the Slingshot Website. We may change our Charges from time to time and will notify you of any changes in accordance with clause 14
7.19 You are responsible for the use of your Mobile Device and you are liable for all Charges under this agreement whether incurred by you or someone else using your Mobile Device or SIM (with or without your knowledge). This includes when your Mobile Device or SIM has been lost or stolen, and prior to us activating a block on your Mobile Device or SIM.
7.20 If you use up your credit balance on your Slingshot Prepaid Account while you are on a call, the call will be disconnected. You agree we are not liable for calls being disconnected after your credit has been used up. If you use up your credit balance on your Slingshot Prepaid Account during an open data session, the session will be terminated.
7.21 If you have no credit on your Slingshot Prepaid Account or have no quota remaining on an active Prepaid Plan, no chargeable outgoing calls (except to emergency services on 111 or to Slingshot Customer Services or any other non chargeable calls) or any other Services that would incur a Charge will be able to be used.
7.22 At least once every 12 months, you must add credit to your Slingshot Prepaid Account or your Prepaid Account will be deactivated, or expired.
8.1 Our SIM limit is a maximum of three (3) per account. If you need more SIMs, additional credit checks may be required.
8.2 Any SIM we supply to you remains our property and must be returned when this Agreement ends. It is your responsibility to keep any SIM we supply to you in a good condition.
8.3 We can only deliver things you buy from us to a 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.
8.4 You must pay the purchase price of any Mobile Device or other Equipment you buy from us. We will continue to own the Mobile Device or other equipment until you have paid for it in full.
8.5 If you wish to return an item 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 call us on 0800 89 2000. All items must be returned to us in original packaging and the box/es must be unopened and undamaged. All external wrapping and seals must be intact. If you return a 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.
8.6 If, for any reason, the Equipment we send you isn’t exactly what you ordered, or turns out to be faulty, we will do our best to get that fixed. It’s important to note that we’re not responsible for the Equipment you send back until they arrive. If you buy Equipment 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.
8.7 If there is a genuine fault with your equipment, 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 equipment.
8.8 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.
9.1 Any phone number 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.
9.2 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 Yellow Pages Group Limited. You agree that Yellow Pages Group Limited can use your details for those purposes.
9.3 Subject to the terms of the Consumer Guarantees Act 1993, you agree that no member of the “Yellow Pages Group Limited” 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.
10.1 If your Plan has a Fixed Contract Term and you have agreed to use a Service for a Fixed Contract Term, then you must do so. If you cancel within the Fixed Contract Term, you will be liable for any applicable Early Termination Charges.
10.2 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 the other 30 days’ notice. Where you wish to terminate a Service you must do so through the My Account section of our website at https://myaccount.slingshot.co.nz/Login.aspx or by calling us on 0800 89 2000.
10.3 If you purchase the ESET antivirus product through us then the term of the license for that product is month to month.
10.4 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.
10.5 If your Services are terminated for any reason you must still pay us for your use of the 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 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.
11.4 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.
11.5 If we or anyone described in clause 11.14 are ever liable to you for losses arising from our breach of this Agreement or for our negligence, our maximum combined obligation to pay damages or losses is limited to $5,000 for any one event and a total of $10,000 in respect of all events in any 12 month period. These limitations do not limit any rights you may have under the Consumer Guarantees Act 1993 and/or the Fair Trading Act 1986.
11.6 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 loss to the extent that it is caused or contributed to by you.
11.7 You accept your liability to us for your breach of this Agreement with us or your negligence. However, you are not liable for loss to the extent that it is caused or contributed to by us.
11.8 Your liability to us under this clause is limited to $5,000 for any one event and a total of $10,000 in respect of all events in any 12 month period. 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.
11.9 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.
12.2 We may record calls you make to us to verify information and for staff training purposes.
12.3 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.
12.4 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.
12.5 You are entitled to see any personal information we hold about you (although you must pay our reasonable charges for our time and resources in making it available) and to request that any incorrect personal information be corrected.
12.6 We may require credit references and other credit information from time to time. We may also supply your information to a credit reference agency, 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.
12.7 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.
12.8 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.
13.1 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.
13.2 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.
13.3 If your contact details change you must advise us of the new details as soon as possible.
13.4 Except where you wish to terminate your Services with us (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.
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 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.
15.1 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.
15.2 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.
15.3 Any dispute regarding the provision of our Services under these terms is to be determined by New Zealand courts.
16.1 The following definitions and rules of interpretation apply unless the context requires otherwise:
Additional Services means the value added, optional services offered by us from time to time (such as email, data, SMS, Roaming, and Video Calling) which may incur a fixed recurring Charge and/or other Charges. Full information about these Services are available in your Plan or at our website,
Agreement means this agreement, including these Terms and Conditions, any and all annexures, schedules (including Service Schedules) and attachments to this Agreement, the Plans for Services acquired in connection with this agreement and expressly includes any variation, replacement or substitution of them from time to time.
Charges means amounts payable to Slingshot by you for the Services, being amounts specified in your Plan, the Service Schedule or elsewhere in this Agreement, and for Services for which charges are not specified, the standard amounts charged by Slingshot for such Services.
Confidential Information of a party means all information (except information in the public domain other than as a result of a breach of an obligation of confidentiality) regarded by that party or any Related Body Corporate as being confidential, whether the other party became aware of the information before or after entering into this Agreement. The Confidential Information of Slingshot includes the terms of this Agreement.
Due Date means the date by which a Charge is payable and, unless this Agreement specifies another date, is the date which is 14 days after the date of the Invoice on which that Charge first appears.
Emergency means any actual or apprehended event or condition that in the opinion of Slingshot may endanger the safety or health of a person, or damage any property or cause interruption to any Service or affect in any way the normal operation of the Slingshot Network or any interconnected network or expose any person to legal liability or to any loss, damage or expense.
Equipment Sold means Equipment sold by Slingshot to Customer under this Agreement and for which the Charges in relation to the Equipment sold have been received in full by Slingshot.
Equipment means any hardware, software or other infrastructure used in connection with a Service.
"Fair Use Policy" means a fair use policy as referred to in clause 4.10, as amended from time to time
Fixed Charge means a Charge that is fixed, and is not calculated by reference to volumes of data transferred or stored, or time online, or other variable factors.
GST means the goods and Services tax under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Internet Services means Services that provide Internet access and email and other Services provided in conjunction.
Invoice means an account rendered by Slingshot for Charges.
Slingshot means that business name and/or trademark owned and used by Slingshot.
Minimum Term means the period set out in the Table unless another period is specified in respect of this Agreement or one or more Services.
"Network" means the telecommunications system owned by us and/or any of any Related Company which we use to provide the Services to you and other customers, including our WCDMA network
Other Supplier Infrastructure means Equipment provided by Other Suppliers used in the provision of the Services.
Other Supplier means Telstra Corporation Ltd, Optus Mobile Pty Ltd (or its Related Bodies Corporate) or other third party supplier (whether to Slingshot or to Customer direct) of goods or Services in relation to the Services.
Mobile Device means the mobile phone or other telecommunications device (which incorporates a SIM) which is compatible with and operates on our Network and is used by you to access the Services
Plan means one of the different levels (by reference to such factors as Slingshot decides, for example mode, price, speed, volumes of data, regional or other availability and Minimum Term) of Services from time to time offered by Slingshot.
Prepaid Plan means the relevant Slingshot Prepaid Service pricing plan you choose from time to time
SIM means the subscriber identity module/s (SIM) that we provide to you that allows you to insert into a Mobile Device and access our Services
SMS means a short message service, a type of text messaging on Mobile Devices
Related Company means M2 Group NZ Ltd or any company which is a direct or indirect subsidiary of M2 Group NZ Ltd, or who would otherwise be deemed to be a related company of CallPlus Services Limited in accordance with section 2 of the Companies Act 1993;
Slingshot Equipment means Equipment supplied by or on behalf of Slingshot (other than Equipment Sold).
Slingshot Network means the telecommunications network owned or operated by Slingshot and includes Slingshot Equipment and if applicable any connected telecommunications network.
Slingshot Policy includes Spam, Acceptable Use Policy, Slingshot Copyright Infringement Policy and other acceptable use or other policies in relation to Services adopted by Slingshot from time to time.
Slingshot Telecom means that business name and/or trademark owned and used by Slingshot.
Residential Service means a Service which is of a type, or which is supplied on terms, which Slingshot designates for residential or private use.
"Roaming" means an Additional Service that allows you to use your Mobile Device in countries other than New Zealand
Service Schedule means a schedule to this Agreement and the terms published or notified by Slingshot as being applicable to the supply of a Service from time to time.
Service means the Services specified in each Service Schedule and such other Services as Slingshot agrees to supply to Customer. References to Services include the sale of Equipment.
Site means a location owned, occupied or used by Customer at which there is Slingshot Equipment or Customer Equipment or to which Slingshot provides Services.Tolls customers
"we", "our" or "us" means Slingshot, a division of CallPlus Services Limited Company Number 1271483 trading under the brand Slingshot.
"you" or "your" means the customer who is party to this agreement.
16.2 The following rules of interpretation apply on any matter affecting the proper interpretation or construction of this Agreement:
Fair Use Policy: Our Fair Use Policy has been developed by reference to average customer profiles and estimated customer usage of our Services. From time to time, we may monitor usage patterns. If your usage of our Services (a) materially exceeds estimated use patterns over any week or month, (b) is inconsistent with either normal usage patterns and/or the types of uses and purposes for which we communicate that the Services are to be used for, and/or (c) includes activities such as auto-dialling, continuously call (or text)-forwarding, bulk texting by machines, automated texting, tele-marketing, call centres, and use of cellular trunking units (CTUs), then your usage will be excessive and/or unreasonable in accordance with this Fair Use Policy and we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of the Services and/or withdraw your access to the Services. We may publish on the Slingshot Website additional terms, requirements and/or policies relating to fair use that apply to some or all of the Services which will provide further rules and details around how such Services can be used. We will do this to help us prevent spamming, bullying or fraud and to ensure that excessive use of such Services does not prevent our customers from enjoying such Services (for example, by affecting our Network or a specific cell tower).