Specific terms for technologies

Fixed Line Broadband, Mobile & Wireless

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Skinny Fixed Line Broadband terms

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: You will need a modem to use our Broadband Services, which may be supplied by us as part of your connection or can be purchased from us or elsewhere. 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, but you may request a technician to do this for you. There will be an additional Charge for this Service on your next Skinny Bill Date but you will be advised of this Charge before you incur it.

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:

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. WARRANTY

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.

6. DEFINITIONS.

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.

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Mobile and Wireless terms

When signing up for a Service that uses our mobile or wireless Network, each of us agree to these Mobile and Wireless Terms. These terms outline what each of us will and won't do when it comes to your Wireless Service. Wireless Services include Mobile and Broadband.

You'll also need to be across the General Terms – these apply to everyone using our Services for personal use.  And some of our Plans have Plan Terms (also known as Offer Summaries) too. 

• If you only have Skinny Wireless Broadband, read sections 1 and 2.

• If you only have a Skinny Mobile Service, read sections 1 and 3. 

When you see words in bold, these terms have specific meanings that are set out at the end of this document. 

1. ALL WIRELESS SERVICES

This section covers things that anyone on a Wireless Service (Mobile and/or Broadband) should know.

Getting started on a Wireless Service

1.1 SIM card: Your device will need a SIM card to connect it to our Network. Even when you're using it, the SIM card is Skinny’s property. It must be returned to us in good condition if we ask and if our request is reasonable.

1.2 You will need a Skinny SIM and compatible (mobile) device or Skinny wireless modem to connect to the Network and use our Services

Using a Wireless Service

1.3 Data and minutes: Unless you have Rollover Data or Rollover Minutes, your data and minutes will expire on your renewal date each month. You can find your renewal date in the Skinny Mobile App or the Skinny Dashboard on our Skinny website. 

1.4 Data usage: Data usage is based on the amount of data transferred through your Mobile or Wireless Broadband connection (both uploading and downloading) and can be expressed as megabytes or gigabytes. 

1.5 Charges: When you buy a Plan, you'll be told the price however additional Charges may also apply (like the cost of international calls). You can find out about these Charges in your Plan Terms or on our website. Skinny standard rates apply on our Mobile Services when you don't have a current Skinny Plan or Add-On. View our rates here or on our website. Your Charges will start from the moment you are connected to our Network.  

1.6 Equipment: If your mobile phone, wireless modem or SIM is lost, stolen or damaged, please contact us immediately so we can block it from the Network. This will stop you being charged for any further activity on your SIM or device. Remember, it's your responsibility to keep your SIM or mobile device secure. We may not provide lost or stolen credit back to you if it has been used.

1.7 Coverage: Our Wireless Services are only available in certain coverage areas. Speeds and coverage will vary and can be affected by traffic congestion, outages and where 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 other things like your device or home set up. 

Skinny device repairs policy

1.8 Consumers (as defined under the CGA) have rights under the CGA in relation to faulty devices. If you would like to make a claim under the CGA for a faulty device that you have purchased from Skinny, we ask that you do the following so we can carry out a CGA assessment and respond appropriately: 

(a) Visit our Skinny returns page and log your CGA repair claim.  Select the "It’s not working" section on the returns page. There is an Assessment Bond which is "held" with your credit or debit card and released if you have a valid claim under the CGA.  If it is found that your claim is not covered by the CGA, for example because you have misused or caused damage to your device, because the CGA guarantee period has lapsed, or because your device has been purchased for the purposes of a business, then you will be charged the Assessment Bond.

(b) You will need to fill in the form via the Skinny Dashboard, which you will then need to print out and send to our repair agency (Telegistics). Telegistics' address is Telegistics Repair, 117 Carbine Road, Mt Wellington, Auckland 1060.

(c) Following receipt of your device, Skinny’s repair agent will assess your CGA claim and device.

(d) If it is determined that you have a valid claim under the CGA then your device will either be repaired or replaced, depending on the nature of the defect in your device.  Following repair/replacement, your device will be returned to you and you will have your Assessment Bond released.

(e) If it is determined that you do not have a valid claim under the CGA and your claim is rejected, we will contact you to discuss next steps. These will involve either returning your device to you or agreeing with you to repair your device at an additional cost to you.  If your claim is rejected, the Assessment Bond will be charged.

1.9 SIMs: If your device is a modem, please do not remove the SIM from the modem. If your device is a mobile device, please remove the SIM before you send it to Skinny’s repair agent, as all SIMs received will not be returned in accordance with internal policy and for your protection. We also suggest backing up your mobile device before sending it in for repair as it may be wiped.  

Online store returns 

1.10 If you buy a device from the Skinny online store and change your mind about your purchase, you may be able to return it for a full refund if you meet certain conditions like making your return request within 30 days of the date on the packing slip that you receive with the device. Find out if this applies to you and how you can return your device here. We may refuse a return if it does not comply with our requirements. If we do this, we will return the device.

Linked Account Services

1.11 Our Linked Account Services allow Skinny customers to link their Skinny accounts under one account management portal (for example, a mobile phone SIM and data only SIM for a device such as an iPad, or to manage other Skinny customers' accounts, such as families or employees). Our Linked Account Services are not available to Skinny Jump customers who sign up after 14 December 2020.

1.12 A Skinny customer who will be managing a Linked Account must first create a primary account online. This will be the Parent account and will be used to manage that customer's own Skinny account. Multiple Child accounts can be linked to the Parent account and managed via the single online portal access.

1.13 Consent: By creating a Linked Account, the Parent agrees that they have obtained consent from the owner of each Child account to access and manage their account. Skinny will send a verification code by text to each Child account to verify consent. The Child account must be able to access the verification code to be able to link it to a Parent account. Each Skinny account can only be part of one Linked Account group, either as a Parent account or Child account.

1.14 Access and management: Parent accounts except that the Parent cannot change a Child account's username/description and password. The Child continues to have full access and management rights over their account provided that they have their own Skinny Dashboard or the Skinny Mobile App. The Child is also able to change their username/description and password.

1.15 Responsibility: Both the Parent and each Child of a Linked Account are responsible for paying all Charges associated with the Child account and for compliance with our Terms. There is no automatic sharing of any credit between Parent and Child accounts.  

1.16 Unlinking: We may unlink any Parent and Child accounts at any time and without notice if we need to do so to improve the experience and Services for our customers. The Parent or Child of a Linked Account may unlink their account at any time without consent of the other party by doing any of the following:

(a) Logging into their account and selecting "unlink". Please be aware that only the Parent account can unlink the Child account using the Skinny Dashboard. However, the Child can unlink their account using the Skinny Mobile App.

(b) Contacting our customer services.

(c) Porting their phone number to another provider.

(d) Cancelling the Parent or Child account.

(e) Cancelling the Skinny Dashboard of the Parent account.

1.17 After unlinking: After the Parent and Child accounts are unlinked, the Child will regain sole access and management rights over their account. Any automatic top-ups, Set and Forget payments and credit or debit cards that the Parent account had set up or stored on the Child account will not be cancelled when the Child account is unlinked.

2. WIRELESS BROADBAND

This section covers things that only apply if you are on a Wireless Broadband Service.  If you do not have this, jump ahead to section 3.

Getting started on Wireless Broadband

2.1 Broadband connection and wireless modem: You will need to arrange for disconnection if you have an existing broadband connection provided by someone else. For Wireless Broadband, you will need a Skinny wireless modem.   

2.2 Availability of Services: The wireless modem requires power, so Wireless Broadband won't work in a power cut (meaning if there's a power cut, you won't be able to access Wireless Broadband). Not all products or services that work on other connections will work on wireless connections. For example, some monitored alarms or medical alerts. Before setting up your Wireless Broadband, you'll need to contact the provider of those products or services to arrange an alternative. It's a good idea to have a charged mobile phone available for use in power cuts (including to ring emergency services) or a back-up power source. Our Wireless Broadband cannot be used as a gateway server or for VOIP, and does not include static IP, a landline or a phone number.

Paying for Wireless Broadband

2.3 Charging for Skinny Wireless Broadband Services is on a 30-day cycle. Your first payment will be taken from your nominated credit or debit card on the day you sign up to Skinny. However, your Plan doesn’t start running (and you don’t get any Wireless Broadband) until your account is activated (e.g. you plug in your modem). You will be charged for your Plan every 30 days after your activation date, or the next business day in the event of a public holiday or other interruption. We call this date that payment is due your Renewal Date. 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 us every 30 days. Your Plan will automatically renew unless you decide to cancel it first.

2.4 If your payment fails on your Renewal Date, Skinny Wireless Broadband Service will be disconnected and you must pay any outstanding bills before you can be reconnected. 

2.5 We will not send you a bill for your payment, but you can check your bills on the Skinny Dashboard.

Using Wireless Broadband

2.6 Usage: If you often need more data than you're meant to use with your Plan, we may require you to move to another Technology, reduce your data usage, move to another Plan or end your Service.  See your Plan Terms for details on usage too.

2.7 Where you can use it: You can only use your Skinny Wireless Broadband Service at the place where you told us you'd be installing it, unless we tell you otherwise. If you use it somewhere else, we may end, restrict or suspend your Service without notice. We retain this right so that we can manage the Network and ensure that all customers using the Network receive a reliable and consistent Service. Please let us know if you're moving, and if it is within Skinny’s Wireless Broadband coverage area, we may allow you to move your Service (once every six months). If not, we can confirm what other Broadband options are available.

2.8 SIM: You agree to only use the SIM card with the wireless modem we provide.  

2.9 Data allocation: Once you've used all the data in your Plan, your data will come to a complete stop.  For more data, you will need to buy a new Plan or an Add-On. Just sign into your Skinny Dashboard to buy more data. Any unused data expires at the end of your 30-day billing cycle and does not roll over. 

Unlimited Data Boost

2.10 Unlimited Data Boost (UDB) allows you to buy unlimited data usage on your Skinny Wireless Broadband Service for 24 hours. You must be a Skinny Wireless Broadband customer with a registered credit or debit card, and you must have an active Plan. You can buy UDB from the Add-Ons page on your Skinny Dashboard. Your card will be charged at the time of purchase.

2.11 A UDB session starts from the moment you purchase it and will continue running until it expires. You cannot pause your UDB session once it has started; and you can't buy another UDB session while a UDB session is active. Once your UBD session has finished, normal Wireless Broadband data usage will apply. We will send a notification to your registered email once your session has expired.

Uncapped Wireless Broadband

2.12 A Fair Use Policy applies to our Uncapped Wireless Broadband Plan. Our Fair Use Policy is described in the General Terms.

Cancelling or changing your Wireless Broadband

2.13 Your Plan Terms explain what happens if you cancel or change your Service.

2.14 Fixed Line Services: If your Wireless Broadband Service is disconnected for any reason, we can't guarantee you'll be able to connect to a Fixed Line Service.

30-day money back network guarantee

2.15 30-day money back network guarantee: We offer a 30-day money back guarantee if our Wireless Broadband Service is not available at your location or the quality of the Service is not of an acceptable quality provided you:

(a) let us know about your service issues within 30 days of the date of receiving your modem; and 

(b) you also return the modem which needs to meet clause 2.17 below as well. 

Once we have received your modem back we will provide you with a full refund of the purchase price of the modem to the credit card you used when signing up to the Service. If you have not used any data on your Plan, we will also refund any Plan fees you have paid for your first Billing Month. We will not refund any Plan fees if you have used any data on your Plan, or any additional data Charges and other costs. 

2.16 Scope of guarantee: Our network guarantee is available once per customer per address. Skinny reserves its right to remove the guarantee at any time. However, any customers who joined the Service within 30 days of Skinny removing the guarantee will still be able to take advantage of it. 

2.17 Returning your modem: If you have bought a modem from our online store and change your mind about your purchase, you may qualify for a refund where the modem is returned to us in good working order and as good as new, meaning the modem is fully functional, not tampered with in any way, free from any scratches or visible marks, and must be returned with the box, cables and power supply in full working order. See clause 1.10 above on how to make an online store return. 

2.18 The above does not impact the rights you have as a consumer under the CGA.

3. MOBILE

This section covers things that only apply if you're on a Mobile Service. If you do not have this, you can skip this section.

Getting started on a Mobile Service

3.1 Your phone number: You can move your mobile phone number with you from another provider. This is called Porting or we can give you a new one. While you're with Skinny, your mobile phone number remains our property so you cannot sell or transfer it to anyone. It's possible we may sometimes need to change your phone number. But only very rarely, in unusual circumstances, would we do that and we'd give you reasonable notice beforehand. If you ever disagree with the way we've allocated phone numbers our decision will be final, as long as it's reasonable and we've acted in good faith.

Using your Mobile Service

3.2 Your mobile devices: You can only use mobile phones and devices that are compatible with our Network. Your mobile devices also need to comply with all relevant legislation and regulations. If you've bought a mobile device from us or from one of our approved sellers, you can be sure it is compatible for use on our Network. Please note, you mustn't use your mobile in any way that changes the true origin of calls you make or other information you send. Hiding your number or using caller ID blocking is fine. Three-way calling, call transfer and SMS delivery status reports are not supported.

3.3 Your SIM card: You can't connect one of our Skinny SIM cards to another telecommunications network to receive service from another provider, unless we've advised otherwise. Your SIM card may have its own PIN if you enable this feature. If the PIN is entered incorrectly three times in a row, your SIM will automatically block, and it will not be possible to use it unless it is unblocked. To unblock the SIM, you will need a PUK1 code, which you can obtain from your SIM packaging, or by contacting us. Take care when entering the PUK1 code because if you continue to block your SIM by incorrectly entering the PUK1 code the SIM will be rendered useless after 10 attempts and you will lose names, numbers and other information stored on it. Because of the nature of the SIM technology we won't be able to get this information back for you. You will then need to purchase a new SIM if you wish to continue using the Services.

3.4 Mobile locking: If you have a mobile device that is SIM locked to our Network, it can only be used with our Network and must not be interfered with without our prior written approval.  Visit our website or contact us if you want to do this. An unlock fee applies if network locking is removed from any Skinny SIM locked mobile device within the first nine months of it being used on our Network (from purchase). There are a limited number of times an unlock code can be entered and attempted in a locked mobile. Any unauthorised attempts by any person to unlock a locked mobile without using our authorised unlocking process will render any applicable warranty associated with the mobile device void and may cause technical issues and damage to it or our Services which we are not responsible for.

3.5 Usage meter: Our usage meter lets you check how much data you’ve used. It’s important to remember that the usage meter won’t show your usage in real time – this means it won’t show your usage from the past six hours.

3.6 Data usage rates: Skinny's data usage rates for included data in a Plan (other than Endless Data once you've used your Max Speed Data Allowance) is calculated based on usage and billed in 64KB blocks, rounded up, at the earlier of (i) the end of a 64KB data session or (ii) a 24 hour period, with a minimum charge of 1KB. Data usage rates for Endless Data (once you've used your Max Speed Data Allowance) is calculated based on usage and billed in 256KB blocks, rounded up, at the earlier of (i) the end of a 256KB data session or (ii) a 24 hour period, with a minimum charge of 256KB. Data usage on standard data rates is billed per 256KB block at the beginning of each new 256KB block in a single data usage session. A data usage session ends when either (i) a device is turned off, (ii) a device is detached/disconnected from the mobile network (for example, if you travel out of our Network range) or (iii) after a session has been running for 24 hours.

Charges for calls

3.7 The Charges for calls made from your mobile phone are set out in your Plan or Skinny standard rates apply when you don't have an active Plan or Add-On. Generally there is a minimum one minute charge for each call. After the first minute, calls are charged by the minute (rounded up to the closest minute). Additional Charges for other Services such as additional minutes and international calls apply. View our NZ rates here.

3.8 Exclusions: Your Plan allowance excludes calls to 0900 numbers, special numbers (for example, 018), numbers provided through calling cards, international numbers (unless expressly included in your Plan), international toll free numbers and satellite phones. These will be charged at the rates advertised by the relevant service provider.

Texts  

3.9 A single text message is up to 160 standard characters. If a message exceeds 160 standard characters, it will be charged as multiple texts. Some devices are configured to automatically convert long messages into an MMS and if this happens you'll be charged for an MMS as a result. Non-standard characters such as Arabic, Chinese, Korean, Japanese or Cyrillic and emoticons (for example, smileys) use more capacity and therefore reduce the maximum character capacity of text messages further. Texts sent while Roaming should be limited to 160 standard characters or else they will be split and sent as multiple texts. If this occurs, you'll be charged for each text. 

3.10 Exclusions: Your Plan allowance excludes texts to special numbers (for example, 018), international numbers (unless expressly included in your Plan) and satellite phones. These will be charged at the rates advertised by the relevant service provider.

Multimedia messages (MMS) 

3.11 You will be charged for each MMS sent from your device at Skinny standard rates to NZ networks. Our MMS Service is not available or suitable for use while Roaming or for sending to international networks from your device in New Zealand.  

3.12 The maximum file size of an MMS is 600KB. If you attempt to send an MMS over 600KB and/or if the message takes longer than 60 seconds to send, the message may be rejected (not delivered). Your device and our MMS Service may automatically reduce the size and/or quality of an MMS to fit within the maximum message size. MMS messages may be scaled to suit the receiving device's specifications, such as screen size and screen resolution. 

Paying for Mobile Services

3.13 Prepaid Account: Your account is a Prepaid Account. You can top up your Prepaid Account using one of the methods on the Skinny website. This adds credit to your account, which you can use at our casual rates. You can choose to have your Prepaid Account automatically top up on a date specified by you. You can set this up via the Skinny Dashboard on our Skinny website.   

3.14 You can also buy a Plan from us if you want to. A Plan is an allowance of texts, minutes and/or data. You can buy a Plan in two ways. You can use the credit balance of your account, or you can use Set and Forget, which we explain below.

3.15 Plan cycle: Plans on Skinny Mobile Services are on a 7 or 28-day cycle. A Plan will renew once it reaches its expiry date as long as you have enough credit in your Prepaid Account or you have Set and Forget.

3.16 Bills: We don't send bills to you but you can check your Prepaid Account balance and activity including by using the Skinny Mobile App, checking your account online or by contacting us.

3.17 Set and Forget: If you have set your Plan to automatically renew using a credit or debit card (which we call Set and Forget), you'll need to make sure your card has enough money for the payment to be successful on your Plan renewal date. Set and Forget is not available for Add-Ons.  

3.18 Payment failure: If your Set and Forget card payment fails, your Plan will not renew and Skinny standard rates may apply. You'll need to re-purchase your Plan by topping up with enough credit and buying your Plan using your account balance, or setting up Set and Forget again.

3.19 Auto Top Up: You can choose to have your Prepaid Account automatically top up on a date specified by you. You can set this up via the Skinny Dashboard on our Skinny website. We recommend not having an Auto Top Up in place if you have Set and Forget.

3.20 Saving your card details: If you use your card for Auto Top Up and/or Set and Forget, we'll save your card details in our systems so that you can easily use your card again with Skinny. You can delete or update your card details in the Skinny Mobile App or Skinny Dashboard.

3.21 Out of credit or quota: We can only provide Services to you as long as you have credit on your Skinny Prepaid Account or have quota remaining on an active Plan. If you run out of credit or quota, your Services will stop immediately though you will be able to make calls to 111 or to Skinny customer services. Services restart when you add further credit.  

3.22 Fraudulent top-ups: If you make a fraudulent top up (for example, using a stolen credit card), we may suspend or restrict your Service until you pay that top up back. If you make a fraudulent top up three times, we may end your Service and notify relevant law enforcement agencies.

3.23 Credit: You must add credit to your Skinny Prepaid Account (or otherwise renew your Plan) at least once every 12 months. If you don't, your Skinny Prepaid Account will expire. When your Skinny Prepaid Account expires, any credit will also expire. 

3.24 Top-up vouchers: Skinny top-up vouchers expire on the date printed on them. We won't refund any vouchers. If the voucher hasn't expired but appears to be faulty, please let us know.

Add-Ons

3.25 Who's eligible: Any customer with a Plan can buy Add-Ons. Not all Add-Ons are available for every Plan (generally because the Plan may already offer a similar benefit). You can find out more about Skinny Add-Ons here.

3.26 Start date and renewal: Add-Ons start when you purchase them. All Add-Ons apart from Data Binge, Roaming Packs and International Calling Add-Ons will renew once it reaches its expiry date, as long as you have enough credit in your Prepaid Account and your Plan is active.  

3.27 Changing Plans: If you change your Plan to a different eligible Plan, your Add-On will remain active and renew as described in clause 3.26 above. 

3.28 Multiple purchases in a Plan cycle: You can purchase the same Add-On more than once in a Plan cycle by cancelling the renewal of the Add-On and purchasing the Add-On again. You will keep any remaining quota on the old Add-On until its expiry date plus your new Add-On (though the next renewal date will be from the new Add-On date).  

3.29 Order of data usage: If you buy an Add-On with your Plan, any Max Speed Data included in your Plan or Add-On will be used in order of expiry.

International Calling Add-Ons

3.30 Who's eligible: Any customer (whether or not you have an active Plan) can buy International Calling Add-Ons

3.31 Start date and expiry: International Calling Add-Ons start when you purchase them. They expire 30 days after date of purchase (they do not automatically renew or roll over). 

3.32 Other key things: Applies to person-to-person calls from NZ to standard landline or mobile networks in a country/countries selected by you from those made available by Skinny. Rates are available here. International Calling Add-Ons do not apply when Roaming (standard Roaming rates apply unless or you can buy a Roaming Pack). Calls are rounded to the closest minute and if you overrun your allocation, standard charges apply. Calls to international toll-free numbers will be charged from International Calling Add-Ons

Unlimited minutes and texts

3.33 Unlimited minutes and texts: Unlimited Skinny Minutes are for standard person-to-person voice calls to standard NZ Skinny numbers. Unlimited NZ & AU Minutes and Texts are for standard person-to-person voice calls and text messages to standard NZ and AU numbers. Excludes premium and special numbers, and machine-generated or automatic texting.

Rollover Minutes

3.34 Who's eligible: Anyone with a Rollover Plan with a set amount of NZ to NZ or NZ to AU calling minutes can build up Rollover Minutes.  

3.35 Expiry: When your Rollover Plan renews, any unused Rollover Minutes from that Plan will be added to your Rollover Minutes balance. You then have up to 365 days to use those minutes. You can keep using them while you're on a Rollover Plan, until they expire.

3.36 Using your Rollover Minutes: You can keep using your Rollover Minutes for as long as you're on a Rollover Plan, until the Rollover Minutes expire. If you move to an ineligible Plan, or your Plan didn't renew, your Rollover Minutes will be frozen. While they're frozen, the 365-day expiry period will keep running. To use your frozen Rollover Minutes again, before they expire, you'll need to buy an eligible Rollover Plan. When you do, you can also start collecting Rollover Minutes again.

3.37 The order your minutes will be used: Your minutes (any minutes included in your Plan or Add-On and any Rollover Minutes) will be used in the order of expiry.

Rollover Data

3.38 Who's eligible: Anyone with a Rollover Plan can accumulate Rollover Data. Rollover Data does not apply to data Add-Ons purchased with these Plans, other Plans or data usage outside NZ.  

3.39 Expiry: When your Rollover Plan renews, any unused data from that Plan will be added to your Rollover Data balance. You then have up to 365 days to use that data. 

3.40 Using your Rollover Data: You can keep using any Rollover Data you have for as long as you're on a Rollover Plan, until the Rollover Data expires. If you move to an ineligible Pack or Plan, or if your Plan didn't renew, your Rollover Data will be frozen. While your data's frozen, the 365-day expiry period will keep running. To use your frozen Rollover Data again, before it expires, you'll need to buy a Rollover Plan. When you do, you can also start collected Rollover Data again. 

3.41 The order your data will be used: Your data (any data included in your Plan or Add-On and any Rollover Data) will be used in the order of expiry.

Endless Data

3.42 Some of our Plans and Add-Ons have Endless Data. This means that you will have a certain amount of Max Speed Data (for example, 40GB). 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 Plan or Add-On duration, but your speeds will be reduced to 1.2 Mbps, this will impact your experience. You will still be able to use your data like you did before, but you may experience some degradation (such as lower video resolution) when watching video, streaming or loading images.

3.43 Order of data usage: Your data balances will be used in the following order:

(a) any Max Speed Data included in your Plan or Add-On, in order of expiry; and then

(b) your reduced speed Endless Data.

Call Me Back Service

3.44 Any customer with an active Skinny Prepaid Account can use the Skinny Mobile Menu (*888#) to send a text message to other mobile users on any New Zealand network with a request to call them back if they do not have enough credit to make a call. The Service is limited to a maximum of three Call Me Back messages per Skinny customer per day.

Data Binge

3.45 Who is eligible: All customers with sufficient credit in their Prepaid Account who purchase via the Skinny Mobile App or by texting DATABINGE to 2424.

3.46 Start date and expiry: Your Data Binge session starts from the time of purchase and continues without pause until expiry of the session. We will try to notify you before expiry of your session but often this depends on factors outside our control and if you do not receive the notification, you still need to pay for any Charges incurred. Once expired, you will revert to your usual rates (whether that is from a Plan, Add-On, standard rates etc).  

3.47 Multiple purchases: You can purchase multiple sessions. These will be used from oldest to newest purchase. 

Using international Roaming

3.48 Roaming allows you to call, text and use mobile data in countries that are included within our Roaming partner alliance. You need a Roaming Pack with a data allowance for data Roaming. Data Roaming in countries that are not included in Skinny's Roaming Packs is not currently available.

3.49 Roaming relies on overseas telecommunications networks, which Skinny doesn't own or control, your device and the rates you are on. This means we can't guarantee that your Roaming Services will always be of the same standard you'd experience here in New Zealand. Not all Services will be available while you're Roaming. If you are travelling through the service range of a network not supported by our Roaming partner alliance you will only have access to emergency services. If you try to connect to a network that isn't supported by our Roaming partner alliance, you'll get a notification from the network operator and their terms and conditions may apply. Roaming is dependent on our available Roaming destinations and the Roaming partner alliance member (whose terms and conditions apply in addition to our own).  

3.50 Roaming Charges: Sometimes, we may need to change the structure and pricing of our Roaming zones. When this happens, we will try to give you at least ten days’ notice by posting the changes on our website. Roaming Charges are in addition to any other Charges which apply to your Mobile Plan. The Charges for Roaming will be set by Skinny and the overseas operator. Please note some value-added services/data services that are free in NZ are not internationally. You may incur Charges for voicemail deposits when your device is connected to an overseas network, regardless of whether the device is switched on or off. Learn more about Roaming and rates.  

3.51 Your Roaming will be charged from your Prepaid Account balance (either on casual rates, or through the purchase of a Roaming Pack, depending on the destination you are in). You'll be charged for incoming (receiving) and outgoing calls. Data usage rates for a Roaming Pack is billed in 64KB increments or at the end of a 24 hour period with a minimum charge of 1KB, and will be deducted from your Roaming Pack data allowance. Skinny websites or apps are zero-rated while in New Zealand and overseas so you don't incur any Charges browsing skinny.co.nz or using the Skinny Mobile App.  

3.52 Activation of Roaming Packs: Roaming Packs will be activated immediately after your purchase in New Zealand or overseas, whenever the purchase is made. In order to avoid your Roaming Pack being consumed outside your Roaming destination, it is recommended you purchase it once you land at your Roaming destination. Data only Roaming Packs are not valid in New Zealand or non-included destinations.  

Skinny gifting

3.53 Gifting: You can gift Rollover Data, Rollover Minutes, or top-up credit from your Skinny Prepaid Account to another Skinny Prepaid Account.

3.54 Who is eligible: Both the giver and receiver need to be on active Prepaid Accounts. It is not available for Broadband accounts. Data and minute gifting is not available on Endless Mobile Plans.

3.55 Top-up credit gifting: Credit gifts need to be in whole dollar amounts with a cap on gifting of $60 in a 7-day period. 

3.56 Rollover Data or Minutes gifting: You need to have spare Rollover Data or Rollover Minutes available to gift it. Gifting can only be done via the Skinny Mobile App and there is a $0.50 per transaction Charge. Each gift needs to be in a block of 100, 200 or 500 MBs of Rollover Data, or 20, 100 or 200 Rollover Minutes.

3.57 Expiry of gifted Rollover Data or Minutes: All gifted Rollover Data and Rollover Minutes expire 7 days from the time of the gift. If you used to be on a Rollover Plan and get a gift of Rollover Data or Rollover Minutes, any rollover allowances you have left over from that time will also be "unlocked" for 7 days. Rollover Data or Rollover Minutes will be used in order of expiry, with the next expiring allowance used up first.

Changing or ending your Mobile Service

3.58 You can end your Service at any time. Just cancel your Set and Forget and/or Auto Top Up settings and do not top up your account balance for 12 months. You can also Port your number to another service provider. Cancelling your Plan cancels any associated Add-Ons too. 

3.59 You can change your Plan by cancelling the renewal of the Plan and purchasing a different Plan. Your current Plan will continue to be active until its expiry date (at the end of the billing cycle), though you can always buy another Plan before your current one has finished.

3.60 Porting your number: You can take your number with you to another mobile service provider. To do this you'll need to tell the other service provider, take any other necessary steps and pay any costs. We'll pay any costs we are legally obliged to pay. If your number isn't Ported to the other service provider before your Service or agreement with us ends, it won't be available for you to take with you.

3.61 Information on your SIM: If you end your Mobile Service with us, any names, numbers or other information stored on your SIM card may be lost.

3.62 Inactivity: Your Skinny Mobile account may expire if it is inactive for too long. You must add credit to your Skinny Mobile account (or otherwise renew your Plan) at least once every 12 months. If you don't, your account will expire and you will not be entitled to any unused credit or credit remaining on the account.

4. DEFINITIONS.

Here is what the words in bold mean. 

Add-Ons are a set amount of texts, data and/or minutes that you can buy alongside your Plan and use for a set time. Our data, text and minute Add-Ons will renew once it reaches its expiry date as long as you have enough credit in your Prepaid Account and your Plan is active.  Data Binge, Roaming Packs and International Calling Add-Ons are one-off purchases that do not renew automatically. Auto Top Up is a setting available in Prepaid Accounts to automatically add credit to the Prepaid Account using a credit or debit card.

Billing Month is the period you've paid for on your Renewal Date.

Broadband means home internet. It includes ADSL, copper VDSL, fibre or wireless home internet.  Wireless Broadband or Wireless Broadband Services means home internet that uses our mobile telecommunications Network, which is not ADSL, VDSL or fibre.

CGA is the Consumer Guarantees Act 1993.

Child is the owner of a Skinny account that can be accessed and managed by a Parent of a Linked Account.

Endless Data means that you'll have a certain amount of Max Speed Data (for example, 40GB). 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 Plan or Add-On duration, at a reduced speed of 1.2 Mbps, which will impact your experience. 

General Terms are the terms that apply to everyone receiving Skinny Services for personal use and they cover key things everyone should know about.

International Calling Add-Ons are Add-Ons that give you a set amount of minutes for calls to certain countries and can be purchased whether or not you have an active Plan.

Linked Account is an account that links multiple Skinny accounts under one account management portal, and includes each linked Skinny account.

Max Speed Data means mobile data that is delivered at the maximum available speed on our Network. However, the speed you experience will depend on factors such as your location, device and network congestion. Some of our Plans and Packs have a certain amount of Max Speed Data – in these terms we call that a Max Speed Data Allowance.

Mobile and Wireless Terms are the terms you're reading now. These apply to everyone receiving a Skinny Wireless Service for personal use.

Mobile or Mobile Services means Services provided for use on a mobile phone.

Networks and our Networks refers to the communications infrastructure owned by Spark and others we work with, like Chorus. This infrastructure is used to provide you with Services and includes our fixed line network and our wireless network.  

Parent is the owner of the primary Skinny account under which multiple Skinny accounts are accessed and managed as a Linked Account.

Plan means a pricing plan for certain Services at a certain price.  

Plan Terms are the particular terms and conditions relating to Plans. Another name for these is Offer Summaries. Not every Plan has Plan Terms.  

Port or Porting means the process of moving your mobile phone number from one mobile service provider to another mobile service provider.

Prepaid Account means a Skinny Mobile account which records details of the amount of credit you have available from time to time.

Renewal Date is the date that payment is due for your Plan.

Roaming means a Mobile Service that lets you use your mobile phone in countries other than New Zealand.  

Roaming Pack means a set amount of texts, data and/or minutes that you can buy to use your mobile phone in countries other than New Zealand.  

Rollover Data is data included in your Rollover Plan, that you haven't used by the end of your Plan cycle.  

Rollover Minutes are NZ to NZ or NZ to AU minutes included in your Rollover Plan, that you haven't used by the end of your Plan cycle.  

Rollover Plan means a Plan that is eligible for Rollover Minutes and/or Rollover Data.

Services are any services we provide and include any goods or equipment we provide to you, including as part of the services.

Set and Forget is a setting available in Prepaid Accounts to automatically renew a Plan using a credit or debit card.

SIM means any Skinny SIM card that lets you access our Wireless Services.

Technology means the fixed lines or mobile telecommunications Network that your Service runs over.

Wireless Services are any mobile telecommunications Services we provide or arrange for you. This includes Mobile Services and Wireless Broadband Services.

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 Wireless Services.