When you sign up for a Service that connects to your house using fixed lines like copper or fibre, we both agree to these Fixed Line Terms. These terms outline what each of us will and won't do when it comes to your Fixed Line Service.
You'll also need to be across the General Terms – these apply to everyone using our Services for personal use. And you should get familiar with any Plan Terms (also known as Offer Summaries) that apply to you too. These will tell you exactly what to expect when it comes to the Plan you've chosen.
When you see words in bold, these terms have specific meanings that are set out at the end of this document.
1. GETTING STARTED
1.1 Cost: We'll tell you about any connection and installation Charges before you agree to use the Services.
1.2 We will not charge you if we are unable to install the Services at your premises.
1.3 You can cancel an order for a Fixed Line Service within 24 hours of placing the order for free provided it is prior to connection. If you decide to cancel your order after 24 hours, we may charge you a cancellation fee. This will not apply in the case of a Non-Standard Installation where you have not agreed to any additional work or costs. We also reserve the right not to go ahead with a Non-Standard Installation that you have requested.
1.4 If you need an installation, we'll start charging you for your Service once it's been activated. If you're already connected to our Networks, you'll start being charged from the date we transition you from your existing provider or Plan.
1.5 If you have an existing broadband service with another provider, you are responsible for cancelling your account with them.
1.6 Availability, reliability and exclusions: Broadband isn't available everywhere and, occasionally, factors such as the distance of our equipment from your place mean we can't deliver Broadband to you even if you're in an area where it's available. Also, if your Service is disconnected for any reason (for example, if you stop paying us) you might not be able to connect back to the type of Broadband you had before, particularly if there are capacity issues in your area. Skinny Broadband does not come with a landline phone connection. This means that services that use a landline phone connection, such as some medical alerts or monitored home alarms, will not work with Skinny Broadband. Our Broadband is not designed to support commercial grade use and quality of service for VOIP or similar services, and does not include static IP.
1.7 Required equipment: To use our Broadband Services you will either need Skinny modem supplied by us or your own modem that meets the specifications required. If the modem is not included in your connection, you can purchase one from us and additional charges will apply, or you can bring your own. If you bring your own modem you will need to set it up and update any settings required yourself, and we will not be able to help you do this. Bringing your own modem may also impact your broadband experience. Whether you are given a Skinny modem supplied by us or bring your own, the modem is your property and we're not responsible for it, unless we tell you otherwise. You may require a new modem if you change access technologies (for example, changing between ADSL, VDSL or fibre).
1.8 You can set up and configure your modem yourself.
1.9 The modem requires mains power. In the event of a power failure, your Broadband Service won't be available.
1.10 Minimum system requirements: Broadband can only be used on a device that meets certain minimum system requirements and your device can impact the Broadband speeds you experience. Find out what impacts Broadband speed at https://www.broadbandunlimited.nz/support-centre/support/how-can-i-get-faster-and-more-stable-wifi.
1.11 ADSL or VDSL connection: You'll need a standard Broadband connection and in some cases you'll need to get Broadband wiring. If you're using five or more jack points at your home, have a monitored alarm or star wiring, a technician may need to visit your home to install or check wiring. There will be an additional Charge for this Service. We'll give you an indication of this Charge before you incur it. If the technician visits your home and finds that additional work and costs are required to install wiring (eg the work required is different from what was planned), we'll tell you the additional costs before you incur those too. If you choose not to go ahead with the wiring installation at that point, you will not receive a refund for the technician's visit unless the technician finds that there is an LFC fault. You can choose to arrange your own wiring installation if you prefer.
1.12 Fibre connection: You will need a fibre capable modem/router. Also, in addition to the terms you've agreed with us for use of your Services, you agree to be bound by your LFC's terms and conditions which relate to the provision (including installation) and use of the LFC's Network. You'll need to find and read these terms yourself. We will advise you on who your LFC is when you order fibre Services.
1.13 If you're not already connected to the fibre Network, you'll need to arrange a time for an LFC technician to visit your premises. The technician will determine how the fibre will be connected from the street to your house and whether it will be a Standard Installation or a Non-Standard Installation. Different charges apply for a Standard Installation and a Non-Standard Installation for a fibre connection.
2. PAYING FOR YOUR FIXED LINE SERVICE
2.1 Charging for Skinny Fixed Line Services is on a monthly prepaid basis. Your first payment will be taken from your nominated credit or debit card on the day of your connection in accordance with the Plan you have signed up with (we call this this day your Bill Date), and on the same date every month following, or the next business day in the event of a public holiday or other interruption. For example: If you connect with Skinny Fixed Line Broadband on the 3rd of February, your payment for the 3rd of February – 2nd March will be taken on the 3rd of February. Your next payment, for the 3rd of March – 2nd April will be taken on the 3rd of March. We call the period you’ve paid for your Billing Month. We don’t send you a bill but you agree to pay us what you owe on your Bill Date each month. Your Plan will automatically renew unless you decide to cancel it first.
2.2 If your payment fails, we have a 14-day grace period from your Bill Date before you're disconnected. Our system will try to take payment automatically every two days and you’ll receive an automated message when it fails. At the end of the grace period, your Skinny Fixed Line Service will be suspended for 10 days and one final attempt for payment will be made. You must pay what you owe us before you can be reconnected. If this final attempt at payment fails, you will be permanently disconnected
2.3 We will send you an invoice for your payment, after your payment has gone through.
3. USING YOUR FIXED LINE SERVICE
3.1 Inside your home: You're responsible for any telephone jack points and wiring inside your home (including fixing them if you need to). We aren't responsible if the jack points and wiring inside your home interfere with your Services. We may charge you an Early Termination Fee if you decide to cancel your Service due to an internal wiring issue or because you require installation of jack points.
3.2 Outside your property: We'll take all reasonable steps to fix faults impairing the Services on our Networks outside your property. To report a fault, contact us. If it is found that there is no fault, or the fault was caused or contributed to by you or your equipment, there may be an additional Charge. We'll tell you about any Charges before you incur them.
3.3 Access: In order to protect you or our other customers, or to maintain, alter or protect the integrity or performance of our Networks or Services, we, or our Service Partners, may at times require access to your property, access to the equipment on your property, or remote access to your equipment. Where possible, we will always try to contact you before we do this. We may suspend or end the Services if you fail to allow access to your premises.
3.4 Moving house: To move your Broadband when you move house, we have information to help you. Find out about moving. We may move your Fixed Line Service to a new address for free in some circumstances. You may be able to do this up to once every six months.
3.5 Troubleshooting: There can be multiple factors that can cause connection issues, so it is important that you perform troubleshooting steps as advised by our tech support team and customer service agents. Troubleshooting is required to help isolate the issue before further steps, such as logging a fault with an LFC or replacing the modem.
3.6 Data usage: Any monthly Broadband allowance you don't use won't be carried over into the next month or refunded.
3.7 Speeds: Broadband speeds represent theoretical maximums and may vary due to factors controlled by you such as your equipment's capability, your premise's connection, wiring and internal WiFi, interference from electrical devices, the location and quality of the websites you choose to view, software you may have downloaded (malicious or otherwise) and the number of users in your household. The day-to-day performance will also be affected by our Network or the Network of third parties that we use to provide the Service to you. Broadband is not designed to support VOIP and similar services.
4. ENDING OR CHANGING YOUR FIXED LINE SERVICE
4.1 You can end your Service by contacting us and asking to be disconnected.
4.2 You can change your Plan for the same Services once per billing cycle and incur no fees or charges for making this change (for example, upgrading to a new Plan). It can take up to two working days to move you to a new Plan.
4.3 Clause 4.2 doesn't apply if you change Broadband technologies (for example, if you want to move from ADSL to fibre). Early Termination Fees (if you have not completed your Fixed Term Contract) and installation fees may apply in this case.
4.4 Change of mind: If you change your mind on your Fixed Line Service or you are not happy with the connection speed (after going through troubleshooting and no fault is found from our end), the following things will happen:
|If you're not on a Fixed Term Contract||If you're on a Fixed Term Contract|
If your connection has been completed
Same as if you're not on a Fixed Term Contract, plus an Early Termination Fee will apply. Early Termination Fees are set out in your Plan Terms.
|If your connection has not been completed||
||Same as if you're not on a Fixed Term Contract, plus an Early Termination Fee will apply. Early Termination Fees are set out in your Plan Terms.|
4.5 Delegated authority: You can delegate authority over your Skinny account to another person as long as that other person is an individual (not an organisation), you and that other person both agree and you provide us with any information we need to evidence the delegation.
5.1 In addition to the rights and remedies available to consumers under the Consumer Guarantees Act 1993, we will replace any defective Skinny Broadband modem hardware within 24 months of the date of purchase. Please return it in accordance with the below:
(a) You will receive a courier bag to return your equipment. Please return your equipment to us or our nominated agent in the courier bag within 18 days of receiving the bag so that we can assess the equipment. We will send a replacement to you (which may be new or refurbished stock).
(b) If you do not return the equipment you consider to be defective back to us in the way we have requested, or we do not find a defect in the equipment (acting reasonably and in good faith), we may charge you for the retail price of any equipment we have sent you as a replacement.
(c) Replacement items are not subject to a new 24-month replacement period. The original 24-month timeframe that started when you first purchased the equipment remains.
5.2 Please note that installing custom firmware on (also known as “flashing”) your Skinny Broadband modem hardware will void your warranty. We will not accept returns of devices that have been flashed or otherwise have had custom firmware installed.
Here is what the words in bold mean.
Broadband in these terms means home internet provided over the Fixed Line Network – copper ADSL, copper VDSL or fibre home internet.
Bill Date is the date that payment is due for your Plan.
Billing Month is the period you've paid for on your Bill Date.
Early Termination Fee is the fee we may charge if you're on a Fixed Term Contract and you end your Service, downgrade your Plan or your Service is ended part way through your term.
Fixed Line Network or Network (including references to our Networks) means the copper and fibre communication facilities owned by us and other parties who we work with. An example of this is Chorus. These Networks are used to provide you with Fixed Line Services.
Fixed Line Services or Services means any services we provide to you or arrange for you to be provided over the Fixed Line Network, including Broadband Services.
Fixed Line Terms are the terms you're reading right now. These apply to everyone receiving a Skinny Fixed Line Service for personal use.
Fixed Term Contract means when you purchase Services from us that have a minimum contract length, such as 12 months or 24 months.
General Terms are the terms that apply to everyone receiving Skinny Services for personal use. They cover key things everyone should know about.
LFC means the local fibre companies that have been engaged by the government to build, deploy and maintain the fibre network across New Zealand.
Non-Standard Installation means a fibre installation where your house is more than 200m from the fibre access point on the street; and/or if your fibre-enabled modem is installed at a separate location to the optical network and additional wiring is required (or if you want special wiring installed). This is more expensive than Standard Installation.
Plan means the pricing plan under which you have agreed to receive Services.
Plan Terms are the terms and conditions relating to any Plan. Another name for these is Offer Summaries. Not every Plan has Plan Terms.
Service Partners means third parties (such as LFCs) providing network maintenance services in relation to our Networks.
Standard Installation means a fibre installation connecting the fibre cable from the street (up to 200m) through your home, the external termination point, the optical network and the fibre-enabled modem.
Skinny, our, we or us aren't bold throughout this document, but when you see them they refer to a division of Spark New Zealand Trading Limited, trading under the brand Skinny, or any related company or approved agents of Spark New Zealand Trading Limited.
You or your aren't bold throughout this document, but when you see them they refer to anyone who receives our Fixed Line Services.