2.1 On Account Services:

Fixed Term: If you have signed up for a fixed contract term, you agree to receive the On Account Service(s) for at least the length of that fixed period. After the fixed period, we will provide the On Account Service(s) to you on a month by month basis until they are cancelled in accordance with this Agreement. You agree to pay an early termination charge or transfer fee if you terminate the On Account Service, change to another Plan, or sign up for a new fixed term on your current Plan before the end of the fixed term. Your fixed contract term will start from the date your On Account Service is connected, or from the date your connection is activated when switching your phone number from Prepay to On Account.

Open Term: If you have not signed up for a fixed contract term, we will provide the On Account Services to you on a month by month basis until they are cancelled in accordance with this Agreement.

3.1 The quality and coverage of the Mobile Services depends partly on your mobile device and partly on the Network.

3.2 Coverage and Mobile Services can be adversely affected by radio interference, atmospheric conditions, geographic factors, Network congestion, maintenance, outages on other networks and provider sites, the configuration or limitations on your, or your intended recipient’s mobile device, or other operational and technical difficulties which mean that you may not receive some or all of the Mobile Services in certain areas or at certain times.

3.3 Coverage and Mobile Services may also change with Network expansion or reconfiguration.

3.4 The mobile network operator reserves the right to prioritise specific types of traffic over other traffic at times of congestion (and for limited time periods) where they consider there will be significant customer interest in the specific type of traffic and these actions are necessary to ensure customers receive an acceptable experience.

3.5 Voice messaging is part of the Mobile Services we provide. You are responsible for changing the PIN from the present number and setting your own PIN for the Voicemail service. You are responsible for all access into and out of the Voicemail service. We may limit the number and duration of messages that can be left on your Voicemail service. You are also responsible for setting your own password for access to any email services made available to you through the Mobile Services.

3.6 You acknowledge that we do not support third party Voice over Internet Protocol (“VoIP”) and that we can provide no assurance that currently available access levels may be maintained.

3.7 We can require you to stop using any SIM card or mobile device immediately if we believe you have used it to spam others or if it is not approved by us for use on the Network or in connection with any of our Mobile Services.

3.8 You must not use any mobile device which masks or in any way alters the true origination of any call or other transmission.

3.9 (Calling 0900 numbers currently unavailable) When you are connected to our Mobile Services, your connection may have been programmed so that you are restricted from making certain calls. Eg. 0900 numbers can be used by scams, and if used inappropriately, can cause excessive call costs, Primo safeguards customers by turning this off.  If you would like to have the restriction removed, you should contact our Helpdesk.

 

3.10 Features, and access to content on Mobile Services may vary between mobile devices, and we cannot guarantee your device supports all our Mobile Services.

4.1 You may be able to use your Mobile Services in other countries. We call this “roaming”.

4.2 For a list of eligible Plans, countries in which you can use roaming services, and our roaming charges, please see one.nz/roaming. The On Account Roaming Terms and Conditions will also apply.

4.3 The terms and conditions on which you may use overseas networks will depend on the country you are visiting. The terms and conditions of those overseas network operators will apply in addition to ours. You may also incur charges directly from the overseas network operator in addition to our Charges.

4.4 Your ability to use roaming services may be subject to you meeting our credit criteria. A set-up fee may apply. We may also ask you to pay a non-interest bearing deposit or impose a credit limit or other restrictions.

4.5 These terms and conditions may change from time to time. Primo’s standard terms and conditions shall also apply.

5.1 You must keep your mobile device and SIM card secure at all times. We recommend that you use a PIN and other access code features provided with your mobile device, the SIM card or the Mobile Services to ensure that only you are able to access and use the Mobile Services.

5.2 If you are using a PIN on your mobile device and the PIN is entered incorrectly three times in a row, the SIM card will automatically block. To unblock the SIM card you will need the PUK (Personal Unlocking Code), which you can get in the desktop version of My One NZ. You will be required to answer some security questions first. Entering the incorrect PUK code 10 times will permanently block the SIM and you will not be able to retrieve information stored on the SIM card (such as phone numbers and TXT messages). You will then be required to purchase a new SIM card which comes with a new PUK code.

5.3 If your mobile device or SIM card is lost or stolen, you must contact our Helpdesk immediately so that we can prevent the Mobile Services from being used. This is important as you will be responsible for paying all Charges up until the time you let us know about the loss or theft, (or will lose any Prepay credit used). We may charge you a replacement fee for a new SIM card.

5.4 We will not be responsible for any loss you suffer as a result of the loss, theft, damage to, or unauthorised use of your mobile device or SIM card.

5.5 We will not be responsible for any harm you suffer from a virus or other manipulating programme which infiltrates your mobile device, whether it was transmitted via the Mobile Services or otherwise.

5.6 Some services are available via the internet or other systems operated by third parties and, although we will try to maintain the security of information, we cannot guarantee that information you receive or supply when using the service will be secure at all times. You acknowledge that we are unable to exercise control over, and make no representations or warranties concerning, the security or content of information passing over our Network, any systems operated by third parties and the internet.

6.1 Any Primo SIM card provided to you will remain our property. You must return it to us in good condition when your Mobile Services end if we ask you to do so.

6.2 The SIM card can only be used for Mobile Services and must not be used in machine to machine equipment.

6.3 You are responsible for all Charges and for calls made using the SIM card issued to you until we deactivate the SIM card. Removing the SIM card from your mobile device will not deactivate the SIM card.

7.1 There is a one minute minimum charge for calls. All calls are rounded up and charged by the minute unless we tell you otherwise (e.g. if your call was for 1 minute and 40 seconds, you will be charged for 2 minutes).

7.2 If you call a 0900, calling card access number, audio conference or any other special number you will be charged the rate as published by the telecommunications service provider of that phone number, plus for special numbers, your normal calling rate.

7.3 Calls are charged at the rate which is applicable when the call is started.

7.4 It is your responsibility to check what telecommunications service provider a particular number is with (i.e. whether an 021 number is with One NZ). You can do this by TXTing the number to 300 (TXTs are free).

7.5 A single text message has a limit of 160 standard characters. If you go over this, most devices will break the message into segments with a maximum length of 153 standard characters. You’re then charged your text message rate for each segment sent. Some character sets, such as non-English language keyboards as well as emojis and emoticons, have a 70 character limit per text message and 67 characters per segment. If your message contains special characters, such as emojis, your device may send it as a picture message, or as multiple text messages. If this happens, you’ll be charged for each of those text messages or picture messages. Some devices will also convert long text messages which only contain standard characters to picture messages and you will be charged accordingly.

7.6 You will be charged the applicable Charge for each separate message sent (e.g. TXT, PXT, etc).

7.7 Calls to 123 and any other service number for other Network Operators will be charged. Genuine calls to 111 are free.

8.1 Your rights to suspend or cancel Mobile Services:

You may temporarily suspend your On Account Mobile Service for a period of up to three months by calling Customer Services and giving us one month’s notice. There must be at least twelve months between the end of one suspension and the start of any further suspension. During the period of suspension you will not have access to the On Account Mobile Service.

If you are in the fixed period of your contract when you suspend your On Account Mobile Service, the fixed period will be automatically extended by the length of time your account was suspended.

A reduced minimum monthly plan charge will be payable during the suspension period. We will advise you what this charge will be when you request a suspension.

Connection Pack – a mobile phone number and SIM card which will connect you to the One NZ network.

Mobile Services means the Prepay Services or On Account Services (including both mobile and mobile broadband services) you have with us.

On Account Services means the post paid Mobile or Mobile Broadband services and any related products and services that we provide to you.

SIM card means the subscriber identity module needed to operate your mobile device and through which you are connected to our network.