Choice Plan Mobile Plan Special Terms
The supply of mobile services under this Choice Mobile Plan (“Plan”) is in accordance with our General Terms for Mobile Customers (“General Terms”), our Privacy and Fair Use policy and the following special terms (“Special Terms”). If there is any conflict between our General Terms and the Special Terms of this Plan, the Special Terms will apply.
- The Plan
- Pricing
- Max Speed mode or Slow Down mode
- Endless Data
- Unlimited Calls
- Unlimited Text (SMS)
- Voicemail
- Additional Charges
- Buddies
- General
- Defined Terms
1. The Plan
1.1. On this Plan, there are 5 max speed data allowance tiers. You start each monthly data cycle on the 5GB max speed data tier, and can level up to 10GB, 20GB, 40GB all the way up to 100GB at any time during your monthly data cycle.
1.2. Once you reach your max speed data allowance of a data tier, unless you level up to the next higher max speed data tier, you will receive Endless Data at reduced speeds until the end of your monthly data cycle.
1.3. Your monthly data cycle starts the day you Activate your Account. Therefore, if you Activated your Account on the 17th July, every month on the 17th your data usage will reset and you’ll return to max speed data on the 5GB tier.
1.4. At the end of each monthly data cycle, any unused max speed data will expire.
2. Pricing
2.1. Your monthly Plan cost will be based on the number of days you spend on each max speed data tier and the daily rate for that tier. The daily rate for each max speed data tier is as notified to you.
2.2. Your pricing on this Plan is not fixed and is subject to change from time to time. We will notify you if your pricing changes.
3. Max Speed mode or Slow Down mode
3.1. On this Plan there are 2 modes: Max Speed mode or Slow Down mode. When you join you’re defaulted to ‘Max Speed’ mode, but you can change to Slow Down mode at any time.
3.2. If you are in max speed mode, you get max speed data up to 100GB each monthly data cycle. Just before you reach each data tier allowance, you’ll automatically level up to the next tier to stay at max speed. Beyond 100GBs you get Endless Data at reduced max speeds of 1.2mbps. At the start of each new monthly data cycle, you’ll return to max speeds on the 5GB tier..
3.3. If you are in slow down mode, you can choose your max speed data tier allowance limit. When you reach your max speed data tier allowance you’ll get Endless Data at reduced max speeds of 1.2mbps and your daily rate will not increase. You can choose to ‘speed up’ to max speeds on the next data tier at any time before the end of your data cycle. At the start of each new data cycle, you’ll return to max speeds on the 5GB tier.
3.4. In either mode, if you level up to a higher max speed data tier(s), you’ll only pay the higher daily rate for that tier(s) for the remaining days of your monthly data cycle on that tier(s). See www.electrickiwi.co.nz/mobile/how-it-works for examples of how pricing works in different scenarios.
4. Endless Data
4.1. On this Plan, when you receive Endless Data you continue to pay the daily Plan Charge for the highest max speed data tier you reached in the current data cycle for the rest of the monthly data cycle .On Endless Data, at reduced max speeds you can mostly continue to use your phone for activities such as listening to music, browsing online, making Zoom calls, streaming, downloading, and watching movies. However, image quality may be lower, especially when hotspotting to a big screen. It is not suitable for HD video, there may be buffering or interruptions, some high-speed gaming and applications may not work, and loading large files could take longer.
4.2. Endless Data may be used for hotspotting. You must not use Endless Data in any way that contravenes our Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy. We may take action if we believe your use of Endless Data breaches this policy
4.3. The actual data speed you achieve when using any data depends on factors such as your distance from the nearest cell tower and current congestion on the network.
4.4. These conditions apply when you use your Mobile Phone (or other device) within New Zealand.
5. Unlimited Calls
5.1. On this Plan, you will be charged a 0 cent per minute rate for all calls to any standard mobile or landline in New Zealand and Australia provided you pay the applicable Plan Charge. Calls to Norfolk Island and Australian Antarctic Territory are excluded.
5.2. Unlimited Calls are only valid for voice calls to any standard landline or mobile in New Zealand and Australia and cannot be used to make calls to premium rate numbers (e.g. 018, 0900) or satellite phones.
5.3. Our Fair Use Policy applies to Unlimited Calls. Your use of Unlimited Calls must be person to person use in line with our estimate of reasonable use of this service (by reference to standard and/or estimated customer profiles). We may take action if we consider your use to be in breach of our Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy.
6. Unlimited Text (SMS)
6.1. On this Plan, you will be charged a 0 cent per text rate for all text messages sent to any standard mobile in New Zealand and Australia provided you pay the applicable Plan Charge.
6.2. Unlimited Text cannot be used for MMS or texts to premium rate numbers.
6.3. Our Fair Use Policy applies to Unlimited Text. Unlimited Text is only available for person to person use consistent with our estimate of reasonable use of this service (by reference to standard and/or estimated customer profiles). We may take action if we consider your use to be in breach of our Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy.
7. Voicemail
7.1. Voicemail is currently not available on this Plan.
8. Additional Charges
8.1. Roaming usage, international calls/SMS (except as included under clause 5 and 6), MMS (e.g. picture messages) and Add-ons are excluded and additional Charges will apply as set out on our website.
9. Buddies
9.1. On this Plan, subject to our approval, you may add up to 4 Buddy Connections to your Account.
9.2. Each Buddy connected to your Account gets their own Plan, including Unlimited Calls, Unlimited Texts and their own max speed data tier allowances.
9.3. Max speed data allowances cannot be shared between Buddies or the Primary Account Holder.
9.4. At our absolute discretion we may, at any time, bar you from adding Buddy Connections to your Account. We may do not this for any reason, including if you or the person you wish to add as a Buddy has any outstanding Charges or any overdue payments to Electric Kiwi (whether for Mobile Services or any other services offered by us). We may require you to undergo a further credit check at any time including before we permit you to add a new Buddy to your Account. We may also require a security deposit or personal guarantee from you.
9.5. As a Primary Account Holder with Buddies connected to your Account, you are ultimately responsible for:
9.5.1. any and all Charges that you and Buddies connected to your Account incur, including Plan charges, roaming usage, international calls/SMS (except as included under clause 5 and 6), MMS (e.g. picture messages), Add-ons service charges.
9.5.2. any interest free repayments (or costs) for any phones, accessories or other devices added to your Account including any relating to any handsets used by a Buddy on your Account. All of these Charges will appear on your invoice. Buddies do not receive invoices for their Charges.
9.6. For each Buddy Connection that is successfully added to your Account, you, as the Primary Account Holder, will receive a discount on the Plan Charge for each Buddy based on the number of Buddy connections on your Account in the amount notified by us to you.
9.7. As a Buddy, your Account will be linked to a Primary Account Holder’s Account. This means that such Primary Account Holder may be able to:
9.7.1. See a record of all usage data, Add-ons, calls and text messages made to/from a Buddy’s connection (but not the content of calls or texts).
9.7.2. Subject to availability of functionality, manage/change a Buddy’s max speed data tiers, add or remove Add-ons, add bars to prevent use of some or all services including bars to prevent international dialling or roaming and/or impose spend limits.
9.7.3. Remove a Buddy from their billing Account at any time with up to two days notice in order for the Buddy to make other arrangements. The Primary Account Holder will continue to be responsible for the Buddy’s Charges until the Buddy is completely removed from the Primary Account Holder’s Account.
9.7.4. If the Primary Account Holder’s Account is terminated Buddies connected to their Account will also be terminated.
9.8. When a Buddy is removed from a Primary Account Holder’s Account, our obligation to continue to supply Mobile Services to the Buddy ceases. If the Buddy wishes to become a Primary Account Holder, this is subject to us, at our sole discretion, being satisfied with the outcome of a credit check against them. From the time we accept a Buddy as a Primary Account Holder, they become fully responsible for payment of their own Charges. Any existing balances of max speed data they had as a Buddy will expire immediately and any Add-ons or discounts on their existing Plan/Account will be lost.
9.9. If you already have a Plan with us and you become linked to a Primary Account Holder’s Account as a Buddy:
9.9.1. You continue to be responsible for any outstanding Charges that remain on your Account as at the time you become linked as a Buddy
9.9.2. If you have any Add-ons or discounts on your existing Plan/Account, you will lose them from the time you link as a Buddy.
9.9.3. Any existing balances of max speed data will expire immediately.
10. General
10.1. If you are under 18, you can only join as a Buddy linked to a Primary Account Holder - you must be 18 + to become a Primary Account Holder.
10.2. Standard acceptance and credit criteria apply. Our standard fees and additional service charges and terms also apply and are available on our website.
10.3. We reserve the right to change or withdraw this Plan, at any time, without notice.
11. Defined Terms
What some of the words used in this document mean:
“Endless Data” has the meaning given in clause 4 of these terms and conditions.
“Unlimited Calls” has the meaning given in clause5 of these terms and conditions.
“Unlimited Text” has the meaning given in clause 6 of these terms and conditions.
Other defined terms have the meaning given to them in other Electric Kiwi terms and conditions, including the General Terms and Choice Plan Special Terms.