Fair Use Policy
All of the Mobile Services are subject to the Fair Use Policy
1.1. Our Fair Use Policy has been developed by reference to average customer profiles and estimated customer usage of our Mobile Services. From time to time, we and/or our Network Providers may monitor usage patterns. If your usage of our Mobile Services:
- materially exceeds estimated use patterns over any day, week or month;
- is inconsistent with normal usage patterns;
- is inconsistent with the types of uses and purposes for which we communicate that the Mobile Services are to be used for;
- includes activities such as auto-dialling, premium services, continuously call (or text) forwarding, bulk texting by machines, automated texting, tele-marketing, call centres, and use of cellular trunking units (including SIM boxes and GSM gateways), or
- is made other than through a Mobile Phone, including for example through PBX or any other line connected to a computer for the purpose (or any other purpose) of making a large number of voice and video calls and/or sending a high volume of data and/or simultaneously sending text or picture messages,
then your usage will be excessive and/or unreasonable in accordance with this Fair Use Policy and we or a Network Provider may contact you to advise you that your usage is in breach of our Fair Use Policy and request that you stop or alter your usage to come within our Fair Use Policy.
1.2. If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage pursuant to clause 19.1, we or a Network Provider 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 Mobile Services and/or withdraw your access to the Mobile Services.
1.3. We may publish on our website additional terms, requirements and/or policies relating to fair use that apply to some or all of the Mobile Services which will provide further rules and details around how such Mobile Services can be used. We will do this to help us prevent spamming, bullying or fraud and to ensure that excessive use of such Mobile Services does not prevent our customers from enjoying such Mobile Services (for example, by affecting the Network).
Definitions
"Mobile Services" means the mobile telecommunications services and related products and services made available by us and/or our agents or approved third party suppliers to you pursuant to this Agreement, including under any Plan or Add-on.
"Network" means the New Zealand mobile cellular network through which Mobile Services are provided, comprising the mobile cellular network owned and operated by our Network Provider, as modified, upgraded or expanded from time to time. To the extent that it is applicable it also includes the equipment that we use to provide the WiFi Calling service, but excludes in its entirety the WiFi broadband part of that service
"Network Provider" means 2degrees, and any third party with whom we have an arrangement to resell services.