Mobile Terms and Conditions – Prior to 30 April 2023

Orcon Mobile (Spark MVNO) Terms and Conditions

1.These Terms

1.1 These mobile (Spark MVNO) terms and conditions set out the basis on which CallPlus Services Limited (Company number 1271483) trading as Orcon (Orcon) provides its mobile services (on the Spark Network) to our residential customers.

1.2 These terms and conditions apply if you signed up to a Orcon mobile service prior to 1 May 2023 and have not migrated to the 2degrees network. If you signed up on or after 1 May 2023 or have migrated to the 2degrees network, please refer to the Orcon Mobile (2degrees Network) Terms and Conditions.

1.3 These terms and conditions apply in addition to the Orcon general terms and conditions and any other specific terms and conditions we may notify you of. If there is any conflict between these terms and conditions and the general terms and conditions, these terms and conditions will prevail.

2. Mobile Network Services

2.1 This clause applies if we provide Mobile Network Access Services to you.

2.2 We provide mobile Services via upstream providers (currently Spark New Zealand Limited) as a mobile virtual network operator.

2.3 You may make local, national and international calls, send text messages, use mobile internet data and access voicemail. We do not support Voice over Internet Protocol on our mobile network and so do not assure you that currently available access levels may be maintained.

2.4 You agree to:

1. not use your Mobile Device or the Services in a way that reduces or affects another person’s use or enjoyment of the Services;

2. not connect a SIM you have obtained from us to any other telecommunications network, other than as is permitted by this Agreement, such as for using Roaming Services;

3. comply with the terms of any Mobile Device or other Equipment repayment agreement you agree to with us and return it to us in the same condition you received it, or pay us the then current market replacement costs.

2.5 We supply our Mobile Services at the maximum available coverage, speed and quality available from our upstream supplier’s mobile network. Because we rely on other providers, we are unable to guarantee the quality, reliability and coverage of the Service will be available to you. Other issues beyond our control (such as radio interference, outages and network coverage), may result in you being unable to connect or you may experience a less than an optimal mobile Service.

2.6 If your mobile device or SIM card is lost, stolen or otherwise out of your control, contact us on 0800 89 20 00 immediately, so that we can bar calls and use of the Service/s. Be quick because you will be liable to pay for all calls and Services up until you contact us and request that your account be suspended.

Using your mobile overseas

2.7 Roaming Services allow you to use your Orcon Mobile Service in a country other than New Zealand (Roaming Services).

2.8 Visit our website here to see the countries where you can use Roaming Services.

2.9 Roaming Services are enabled by default. You may need to purchase a roaming add through mobile.Orcon.co.nz otherwise you will be charged our roaming casual rates. To turn off Roaming Services, please call us on 0800 89 2027.

2.10 When using Roaming Services for outgoing calls, you will be charged at the overseas network operators’ rates. The charges vary and change without notice, so please check overseas pricing before enabling Roaming Services. You may also check with us by emailing [email protected] or visit our website for further information. Charges for Roaming Services will appear on your monthly statement.

2.11 When using Roaming Services, promotional offers, minutes or other entitlements which may come with your Plan may not apply. Please email [email protected] before you leave New Zealand to check.

Mobile Services

2.12 Charges for calls made from your Mobile Device are included within the subscribed plan, or charged at our published casual rates if that plan is consumed. Generally, there is a minimum one minute charge for each call and calls are charged by the minute. Orcon's standard data rates are calculated based on usage and billed in 10KB blocks, rounded up to the nearest 10KB at the end of each session, and a minimum charge of 1c per session applies. (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB)).

2.13 SMS is charged per SMS sent. The Charges for our other Services are set out on the Orcon Website. We may change our Charges from time to time and will notify you of any changes in accordance with clause 3.1 of the General Terms and Conditions.

2.14 You are responsible for the use of and security of access to your Mobile Device and you are liable for all Charges under this Agreement whether incurred by you or someone else using or accessing your Mobile Device or SIM (with or without your knowledge or authority). This includes when your Mobile Device or SIM has been lost or stolen, and prior to us activating a block on your Mobile Device or SIM.

2.15 You will not be liable for any unauthorised use of your Mobile Device if such use is a result of our breach of this Agreement or negligence or unauthorised third party actions outside of your reasonable control, provided that you supply reasonable evidence to us of compliance with your obligations under clause 7.14 of the General Terms and Conditions. Should you consider that any Charges for your Mobile Device are unauthorised by you, you should advise us without delay. We will assess any use so notified and reasonably determine who should be responsible for the resulting Charges.

2.16 If you use up your available credit while you are on a call, the call will be disconnected. You agree we are not liable for calls being disconnected after your available credit has been used up. If you use up your available credit on your Orcon Mobile account during an open data session, the session will be terminated.

2.17 If you have no credit on your Orcon Mobile Account or have no quota remaining on an active Mobile Plan, no chargeable outgoing calls (except to emergency services on 111 or to Orcon Customer Services or any other non-chargeable calls) or any other Services that would incur a Charge will be able to be used.

3. Mobile Device, SIM and other Equipment

3.1 Our SIM limit is a maximum of four (4) per account.

3.2 Any SIM we supply to you remains our property. It is your responsibility to keep any SIM we supply to you in a good condition.

Delivery

3.3 We can only deliver things you buy from us to a physical addresses in New Zealand - not PO Boxes or Private Bags – and couriers need a signature on delivery. We are responsible for the items you’ve ordered until your order is signed for by you or someone on your behalf. Once it has been signed for, it’s your responsibility.

3.4 You must pay the purchase price of any Mobile Device or other Equipment you buy from us. We will continue to own the Mobile Device or other equipment until you have paid for it in full.

3.5 If you wish to return an item because you have changed your mind or the device is not what you thought it was or you wish to cancel a mobile Plan, please call us on 0800 89 2027. All items must be returned to us in original packaging and the box/es must be unopened and undamaged. All external wrapping and seals must be intact. If you return a device that we do not consider to be packaged up like new, we won’t be able to refund you. Instead, we will give you a call and we may also ask you to pay for the device to be sent back to you. This returns process does not apply to SIM cards.

Faulty items

3.6 If, for any reason, the Equipment we send you isn’t exactly what you ordered, or turns out to be faulty, we will do our best to get that fixed. It’s important to note that we’re not responsible for the Equipment you send back until it arrives. If you buy Equipment from us that stops working within its manufacturer’s warranty period, just call us on 0800 89 2027 and we will send you a postage-paid courier bag so you can return it. The limits of warranty are detailed by the manufacturer’s warranty included with the device. At that point, you may be required to pay a bond to cover the cost of inspection by the manufacturer.

3.7 If there is a genuine fault with your Equipment, you’ll get the bond back and the manufacturer will repair or replace your mobile device on the basis set out in their warranty terms. Warranty claims are also subject to the other terms and conditions that you’ll find in the manufacturer’s warranty that you’ll get with your equipment.

3.8 If you need to send a Mobile Device back for repair or replacement, there is a chance you might permanently lose any contacts, ringtones, messages, games or other downloads that you have saved on your device. So we recommend that before you send a device back to us, you back-up this data. We aren’t responsible for any loss of data from your device in the case of repair or replacement.

4. General Assignment

4.1 You must not assign your rights under this Agreement. We can transfer our rights and obligations under this Agreement to anyone else. We will notify you if we do so and we will use best endeavours to provide notice in advance of any such transfer.

4.2 A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.

Applicable law

4.3 Any dispute regarding the provision of our Services under these terms is to be determined by New Zealand courts.

5. Definitions and Interpretation

Agreement means this Agreement, including these Terms and Conditions, any and all annexures, schedules (including Service Schedules) and attachments to this Agreement, the Plans for Services acquired in connection with this Agreement and expressly includes any variation, replacement or substitution of them from time to time.

Charges means amounts payable to Orcon by you for the Services, being amounts specified in your Plan, the Service Schedule or elsewhere in this Agreement, and for Services for which charges are not specified, the standard amounts charged by Orcon for such Services.

Equipment means any hardware, software or other infrastructure used in connection with a Service.

Mobile Device means the mobile phone or other telecommunications device (which incorporates a SIM) which is compatible with and operates on our Network and is used by you to access the Services.

Roaming means an Additional Service that allows you to use your Mobile Device in countries other than New Zealand.

Service means the mobile services which Orcon supplies to you, as specified in these terms and conditions and/or each Service Schedule. Orcon. References to Services include the sale of Equipment. Services has a corresponding meaning.

Service Schedule means a schedule to this Agreement and the terms published or notified by Orcon as being applicable to the supply of a Service from time to time.

SIM means the subscriber identity module/s (SIM) that we provide to you that allows you to insert into a Mobile Device and access our Services.

Orcon means that business name and/or trademark owned and used by Orcon.

SMS means a short message service, a type of text messaging on Mobile Devices.

we, our or us means Orcon, a division of CallPlus Services Limited Company Number 1271483 trading under the brand Orcon.

you or your means the customer who is party to this Agreement.

Interpretation

17.2 The following rules of interpretation apply on any matter affecting the proper interpretation construction of this Agreement:

1. Headings: headings are for convenience only and do not affect the interpretation of this Agreement;

2. Inconsistency: in the event of inconsistency, the parts of this Agreement will have the following order of priority, first the Table, second each Service Schedule and third other parts of this Agreement, including these Core Terms and Conditions;

3. Singularity: the singular includes the plural and conversely;

4. Grammar: where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

5. Including: to avoid doubt, the word including is not intended to be exhaustive in operation and is to be interpreted as including but not limited, unless expressly provided to the contrary;

6. Construction: no rule of construction or interpretation applies to disadvantage a party because that party prepared or was responsible for the preparation of this Agreement or any part of it;

7. Reference to Currency: A reference to currency is a reference to New Zealand currency unless expressly stated to the contrary.

8. References to Persons: a reference to a person includes a natural person, partnership, joint venturer, government department or agency, body corporate, an unincorporated body or other legal entity and conversely;

9. References to Parties: a reference to a party includes the party’s successors and permitted assigns; and

10. Reference to Right or Obligation: a reference to a right or obligation of any two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally.

Mobile Terms and Conditions – Effective 1 May 2023

Orcon Mobile (2degrees Network) Terms and Conditions

1. These terms

1.1 These mobile (2degrees Network) terms and conditions set out the basis on which CallPlus Services Limited (Company Number 1271483) trading as Orcon (Orcon) provides its mobile services (on the 2degrees Network) to our residential customers.

1.2 These terms and conditions apply if you signed up to a Orcon mobile service on or after 1 May 2023 or have migrated over to the 2degrees Network. If you signed up before 1 May 2023 or have not migrated over to the 2degrees Network please refer to the Orcon (Spark MVNO) Terms and Conditions.

1.3 These terms and conditions apply in addition to the Orcon general terms and conditions, the Orcon Roaming Terms and Conditions, and any other specific terms and conditions we notify you of. If there is any conflict between these terms and the general terms and conditions, the general terms and conditions will prevail.

1.4 This Agreement commences on the date of Activation of your Account, or in respect of customers who have migrated from the Spark Network, the time in which you have elected to migrate to the 2degrees Network.

2. Coverage

2.1 The Services are only available within the coverage of the 2degrees Network.

2.2 We will do our best to provide quality Services to you but it is not possible to provide a fault-free service at all times. If you have any questions or concerns regarding the Services please contact Customer Care.

2.3 Coverage and Services may be adversely affected by radio interference, geographic or atmospheric conditions, outages, maintenance works, over-loading, faults or limitations in your Mobile Phone or the mobile phone or other device of the person with whom you are communicating, faults or other operational difficulties in the Network or any other mobile telecommunications network to which our network is connected, or other circumstances or factors not wholly in our control. This means you may not receive all of the Services in all areas all of the time.

2.4 Coverage and Services can also change as we continue to manage, build, develop and improve the Network. Managing the Network includes prioritising certain types of traffic over other traffic at times of congestion.

3. Mobile Network Services

3.1 This clause applies if we provide Mobile Network Access Services to you.

3.2 We provide mobile Services via upstream providers (currently Two Degrees Networks Limited) as a mobile virtual network operator.

3.3 You may make local, national and international calls, send text messages, use mobile internet data and access voicemail. We do not support Voice over Internet Protocol on our mobile network and so do not assure you that currently available access levels may be maintained.

3.4 You agree to:

a. not use your Mobile Device or the Services in a way that reduces or affects another person’s use or enjoyment of the Services;

b. not connect a SIM you have obtained from us to any other telecommunications network, other than as is permitted by this Agreement, such as for using Roaming Services;

c. comply with the terms of any Mobile Device or other Equipment repayment agreement you agree to with us and return it to us in the same condition you received it, or pay us the then current market replacement costs.

3.5 We supply our Mobile Services at the maximum available coverage, speed and quality available from our upstream supplier’s mobile network. Because we rely on other providers, we are unable to guarantee the quality, reliability and coverage of the Service will be available to you. Other issues beyond our control (such as radio interference, outages and network coverage), may result in you being unable to connect or you may experience a less than an optimal mobile Service.

3.6 If your mobile device or SIM card is lost, stolen or otherwise out of your control, contact us on 0800 89 20 00 immediately, so that we can bar calls and use of the Service/s. Be quick because you will be liable to pay for all calls and Services up until you contact us and request that your account be suspended.

Using your mobile overseas

3.7 Roaming Services allow you to use your Orcon Mobile Service in a country other than New Zealand (Roaming Services). Our Roaming Services are provided in accordance with the Orcon Roaming Services Terms and Conditions.

3.8 Visit our website (here) to see the countries where you can use Roaming Services.

Mobile Services

3.9 Charges for calls made from your Mobile Device are included within the subscribed plan, or charged at our published casual rates if that plan is consumed. Generally, there is a minimum one minute charge for each call and calls are charged by the minute.

3.10 Charges for SMS made from your Mobile Device are included within the subscribed plan., or are otherwise charges per SMS sent. The Charges for our other Services are set out on the Orcon Website. We may change our Charges from time to time and will notify you of any changes in accordance with clause 3.1 of the Orcon General Terms and Conditions.

3.11 You are responsible for the use of and security of access to your Mobile Device and you are liable for all Charges under this Agreement whether incurred by you or someone else using or accessing your Mobile Device or SIM (with or without your knowledge or authority). This includes when your Mobile Device or SIM has been lost or stolen, and prior to us activating a block on your Mobile Device or SIM.

3.12 You will not be liable for any unauthorised use of your Mobile Device if such use is a result of our breach of this Agreement or negligence or unauthorised third party actions outside of your reasonable control, provided that you supply reasonable evidence to us of compliance with your obligations under clause 7.14 of the Orcon General Terms and Conditions. Should you consider that any Charges for your Mobile Device are unauthorised by you, you should advise us without delay. We will assess any use so notified and reasonably determine who should be responsible for the resulting Charges.

Carryover data

3.13 NZ Carryover Data is allocated on your Billing Date and can only be used in New Zealand.

3.14 If you do not use your full allocation of NZ Carryover Data during your Billing month, your unused NZ Carryover Data for that Billing month will be carried over to the following Billing month. NZ Carryover Data (if not used) can be accrued for up to 12 months and will expire on the day prior to the first anniversary of the Billing Date on which this NZ Carryover Data was first allocated to you. During any Billing month, your allocated Plan data will always be used before any NZ Carryover Data you have accrued.

3.15 If you consume all the NZ Carryover Data available under your Plan in any Billing month you must purchase a Data Add On to continue using data services until a new allocation of NZ Carryover Data is made under your Plan on your next Billing Date. You will be charged for any Data Add On purchased by you in accordance with the terms of that Add On.

3.16 Data usage per session is rounded up to the nearest 46.08KB increment. Minimum data usage per session of up to 46.08KB applies.

Carryover Minutes

3.17 Carryover Minutes are only valid for voice calls to any standard landline or mobile in New Zealand and Australia.

3.18 Carryover Minutes allocated under a Plan will be pro-rated up to the Billing Date following activation of that Plan, and thereafter will be allocated on each Billing Date.

3.19 If you do not use your full allocation of Carryover Minutes during your Billing month, your unused Carryover Minutes for that Billing month will be carried over to the following Billing month. Carryover Minutes (if not used) can be accrued for up to 12 months and will expire on the day prior to the first anniversary of the Billing Date on which these minutes were first allocated to you. During any Billing month, your accrued Carryover Minutes (if any) will always be used before any new allocation of Carryover Minutes for that Billing month.

3.20 If you consume all of your Carryover Minutes while you are on a call, you will be charged the standard per minute rate for the remainder of the call and for any subsequent calls in accordance with our Pay Monthly Standard Rates Terms and Conditions until you are allocated further Carryover Minutes on your next Billing Date.

3.21 Carryover Minutes cannot be used to make calls to premium rate numbers (for example 0900, 018), or satellite phones.

3.22 All calls are rounded up to the next whole minute.

Unlimited Calls

3.23 If your Plan comes with Unlimited Calls, then this section applies.

3.24 You will be charged a 0 cent per minute rate for all calls to any standard mobile or landline in New Zealand and Australia on each Billing Date for the term of your applicable Plan provided you pay the applicable Plan Charge.

3.25 Unlimited Calls cannot be used to make calls to premium rate numbers (e.g. 018, 0900) or satellite phones.

3.26 Our Fair Use Policy applies to Unlimited Calls. For the avoidance of doubt your use of Unlimited Calls must be person to person use consistent with our estimate of reasonable use of this service (referencing standard and/or estimated customer profiles). We may take action if we consider your use to be in breach of the Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy, which forms part of our Orcon General Terms and Conditions.

Unlimited Text

3.27 You will be charged a 0 cent per text rate for all text messages sent to any standard mobile in New Zealand and Australia on each Billing Date for the term of your Plan provided you pay the applicable Plan Charge.

3.28 Unlimited Text cannot be used for MMS or texts to premium rate numbers.

3.29 Our Fair Use Policy applies to Unlimited Text. For the avoidance of doubt, Unlimited Text is only available for person to person use consistent with our estimate of reasonable use of this service (referencing standard and/or estimated customer profiles). We may take action if we consider your use to be in breach of the Fair Use Policy. Please ensure that you have read and understood our Fair Use Policy, which forms part of the Orcon General Terms and Conditions.

Changing to another Plan

3.30 Subject to clause 3.33, you are allowed to change your Plan once per Billing month to a new available Plan via Customer Care or in store.

3.31 We will apply your Plan transfer charge (if applicable) on your next applicable Bill.

3.32 We may refuse to transfer you on to a new Plan if you have not paid all of the outstanding Charges relating to your Account with us.

Transferring or switching to another Service or Plan

3.33 You may be able to transfer your Plan to another Service or Account made available by Orcon from time to time, subject to these terms and conditions and any other terms and conditions applicable to those Services, Plans or Accounts.

3.34 We may refuse to transfer your Plan if you have not paid all of the outstanding Charges relating to your Plan.

3.35 If you transfer your Plan in accordance with these terms you will lose all unused Plan Benefits, any bonus rewards or other benefits associated with your Plan.

Withdrawing the Plan

3.36 We reserve the right to remove the Plan from the market (and suggest switching to the best alternative plan).

Add Ons

4.1 You may purchase Add Ons in conjunction with your Plan in accordance with the specific terms and conditions relating to those Add Ons. . You will be responsible for any applicable Add On Charges.

4.2 Any Add Ons you purchase will commence on the date of purchase. Add On Charges will be included in your next Bill, and subsequent Bills where the Add On is recurring, from commencement until you end the Add On.

4.3 No discounts or promotional offers including, but not limited to, association discounts and Friends and Family discounts, can be used with, or applied to, you Plan or Plan Changes.

Data Pack Add Ons

4.4 The following Data Packs may be purchased on your account. All rates are inclusive of GST.

4.5 We will apply a Data Pack on your purchase date. Data Packs do not auto renew.

4.6 You will be billed for you Data Pack on the date of your purchase.

4.7 Each Data Pack applied to your Account in accordance with clause 4.5 above will expire at the end of its Validity Period as set out in the table above. You will lose any unused data of your Data Pack at the end of the Validity Period.

4.8 You can purchase as many Data Packs as you require in any month.

4.9 Your data entitlement under your Data Pack will be used before your Plan entitlement.

4.10 If you use up all your Plan and Data Pack data entitlements during your Billing month, you must purchase a new Data Pack to continue using data services until a new allocation of Plan data is made your next Billing Date.NZ Data Packs can only be used in New Zealand.

4.11 Our Data Packs can be used with a Orcon USB Modem, your mobile phone or other data-enabled mobile device with a Orcon SIM

4.12 The benefits of your oldest Data Pack will be used first.

4.13 Your NZ Data Pack data usage per session is rounded up to the nearest 46.08KB increment and a minimum data usage per session of 46.08KB.

International Chat Pack Add Ons

4.14 You may purchase International Chat Pack Add Ons. All prices stated are inclusive of GST.

4.15 Purchase the International Chat 300 Pack for $10 a month (Pack Price) and get 300 minutes that you can use to call:

1. international standard landlines in 23 eligible destinations; and

2. international standard mobiles in 6 eligible destinations.

4.16 The eligible destinations are:

1. International standard landlines: Belgium, Canada, China (including Hong Kong but excluding Macau), Denmark, France, Germany, India, Ireland, Italy, Malaysia, South Korea, Netherlands, Norway, Poland, Portugal, Singapore, Spain, Sweden, Switzerland, Taiwan, Thailand, United Kingdom (excluding Overseas Territories and Crown dependencies), United States of America (excluding territories/commonwealths including America Samoa, Guam, Puerto Rico).

2. International standard mobiles: Canada , China (including Hong Kong but excluding Macau), India, Singapore, United States of America (excluding territories/commonwealths including America Samoa, Guam, Puerto Rico), United Kingdom (excluding Overseas Territories and Crown dependencies).

4.17 The following calls are excluded:

1. calls to premium rate numbers (for example 0900,018, call forwarding services) in the eligible destinations;

2. calls to satellite phones; and

3. calls made while roaming overseas.

4.18 The International Chat 300 Pack is valid for one month from the date of purchase (Validity Period).

4.19 Your International Chat 300 Pack will not automatically renew.

4.20 You may purchase as many International Chat 300 Packs as you require at any one time. If you purchase more than one International Chat 300 Pack, the International Chat 300 Pack that expires first will be used first.

4.21 All calls are rounded up to the next whole minute. Your effective per minute rate will depend on how long you talk on each of your calls.

4.22 You will lose any unused minutes remaining under your International Chat 300 Pack at the end of the Validity Period.

4.23 We will apply an International Chat 300 Pack on your purchase date. It will not auto renew.

4.24 You will be billed for your International Chat 300 Pack on the date of your purchase.

4.25 Each International Chat 300 Pack (including the Initial Pack) applied to your Account in accordance with clause 4.23 above will expire at the end of its Validity Period.

4.26 You can purchase as many International Chat 300 Packs as you require in any month.

5.Mobile Device, SIM and other Equipment

5.1 Our SIM limit is a maximum of four (4) per account.

5.2 Any SIM we supply to you remains our property. It is your responsibility to keep any SIM we supply to you in a good condition.

5.3 You must keep your Mobile Device and SIM card secure at all times. If your, or your End User’s, SIM card is lost, stolen, damaged or destroyed or is used or likely to be used without your authority, then contact Customer Care immediately and request a complete or partial suspension of your Account and/or Connection. Once the suspension is applied, no further Services can be accessed by anyone using the affected SIM card and further Charges cannot be incurred under that SIM card on your Account.

5.4 If your, or your End User’s, Mobile Device is lost or stolen then as well as suspending your Account and/or Connection in accordance with clause 4.3 above, you can also blocklist the affected Mobile Phone by calling Customer Care. Once the Mobile Phone is blocklisted, no person will be able to use that Mobile Phone on the Network or another New Zealand mobile network. Mobile Phone blocklisting alone will not prevent further unauthorised use of Services or the accrual of further Charges under your Account, you must suspend the SIM card to prevent unauthorised use of Services under your Account.

5.5 Once you or your affected End User has recovered the lost or stolen SIM card or Mobile Phone, you can request any suspension or blocklisting to be removed by contacting Customer Care.

5.6 You will be responsible for any Charges incurred on your Account up until the time that you request that we suspend your Account and/or Connection in accordance with clause 4.3. We are not liable for any loss you may suffer as a result of the loss, theft, damage, destruction or unauthorised use or misuse of your Mobile Device or SIM card, unless they are in our care at the time.

5.7 During any suspension of your Account and/or Connection you will remain liable for any outstanding Charges and any applicable specific Services terms and conditions will continue to apply to you.

5.8 If a SIM card associated with your Account is lost or stolen and your Account and/or Connection is suspended in accordance with this Agreement we will, if requested by you, transfer your Account to a replacement SIM card issued to you by us. We reserve the right to charge a reasonable fee for any replacement SIM card issued to you and for completing any transfer.

Delivery

5.9 We can only deliver things you buy from us to a physical addresses in New Zealand - not PO Boxes or Private Bags – and couriers need a signature on delivery. We are responsible for the items you’ve ordered until your order is signed for by you or someone on your behalf. Once it has been signed for, it’s your responsibility.

5.10 You must pay the purchase price of any Mobile Device or other Equipment you buy from us. We will continue to own the Mobile Device or other equipment until you have paid for it in full.

Change of mind or cancellation

5.11 If you wish to return an item because you have changed your mind or the device is not what you thought it was or you wish to cancel a mobile Plan, please call us on 0800 89 2027. All items must be returned to us in original packaging and the box/es must be unopened and undamaged. All external wrapping and seals must be intact. If you return a device that we do not consider to be packaged up like new, we won’t be able to refund you. Instead, we will give you a call and we may also ask you to pay for the device to be sent back to you. This returns process does not apply to SIM cards.

Faulty items

5.12 If, for any reason, the Equipment we send you isn’t exactly what you ordered, or turns out to be faulty, we will do our best to get that fixed. It’s important to note that we’re not responsible for the Equipment you send back until it arrives. If you buy Equipment from us that stops working within its manufacturer’s warranty period, just call us on 0800 89 2027 and we will send you a postage-paid courier bag so you can return it. The limits of warranty are detailed by the manufacturer’s warranty included with the device. At that point, you may be required to pay a bond to cover the cost of inspection by the manufacturer.

5.13 If there is a genuine fault with your Equipment, you’ll get the bond back and the manufacturer will repair or replace your mobile device on the basis set out in their warranty terms. Warranty claims are also subject to the other terms and conditions that you’ll find in the manufacturer’s warranty that you’ll get with your equipment.

5.14 If you need to send a Mobile Device back for repair or replacement, there is a chance you might permanently lose any contacts, ringtones, messages, games or other downloads that you have saved on your device. So we recommend that before you send a device back to us, you back-up this data. We aren’t responsible for any loss of data from your device in the case of repair or replacement.

6. Mobile Phone Numbers and Number Portability

6.1 We will allocate to you, or you may select from us (where this Service is available), a Mobile Phone Number, or it may be allocated to you by another Mobile Telecommunications Provider and Ported by you for use on the Network. Subject to the terms of this Agreement you have full rights to use the Mobile Phone Number allocated to you.

6.2 If you are Porting a Mobile Phone Number for use on the Network from another Mobile Telecommunications Provider you confirm that you have the authority to request the Porting of that Mobile Phone Number, or have the relevant consent from the individual who has the rights to that Mobile Phone Number, to request the Porting of that Mobile Phone Number. You will be liable for any loss or damage resulting from breach of this obligation.

6.3 You may Port your Mobile Phone Number to another Mobile Telecommunications Provider. If you wish to do so, you must contact the Mobile Telecommunications Provider to whom you wish to Port to and you will be responsible for completing the Porting requirements of that Mobile Telecommunications Provider.

6.4 We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the Porting of the Mobile Phone Number to the other Mobile Telecommunications Provider. You will be responsible for all costs associated with Porting the Mobile Phone Number.

6.5 Any Mobile Phone Number we allocate to you or you select from us is not owned by you and we may change any Mobile Phone Number we have allocated to you or you have selected from us at any time. We will give you notice in accordance with clause 8.1 if we need to change your Mobile Phone Number.

6.6 If you change the Mobile Phone Number we allocate to you to another Mobile Phone Number selected by you from us (not being a Mobile Phone Number Ported by you), and we find the selected Mobile Phone Number for sale within six months of when the SIM card using that Number was activated, we may disconnect your connection(s) to the Services without prior notice.

6.7 If you or we disconnect your Connection(s) to the Services, and you have not Ported the Mobile Phone Number allocated to you by us or selected by you from us prior to disconnection, we may re-allocate the Mobile Phone Number to another customer.

7. Other

7.1 Unless provided otherwise by the terms of a Plan, all Services are charged at the standard rates as provided on our website.

7.2 Subject to any Add On conditions, the voice, text and data benefits of your Plan that expire first will be used first.

7.3 You will remain liable for all Charges incurred up to the date we end your Account with us.

7.4 Plan Benefits cannot be transferred to any other person or to another account you or any other person may have with us.

7.5 Our standard overseas roaming rates apply to your Plan, see Orcon Roaming Terms and Conditions.

7.6 If we consider you have breached these terms and conditions for any reason or reasonably suspect that you have tampered with, intervened in any unauthorised or fraudulent manner, or any other reason which may interfere or affect the administration, security, fairness, integrity or proper conduct of your Plan, we reserve the right in our sole discretion to take any action available to us, including termination of your plan.

7.7 We may withdraw the availability of the Plan to new customers at any time.

7.8 We may change the Plan Benefits under any Plan, or these terms and conditions from time to time. Any changes will be notified to you in accordance with our obligations under the Orcon General Terms and Conditions.

7.9 You covenant that all information you provide to us in relation to your Account, including during the set-up process to Activate your Account, is true and correct and you undertake to provide us with such factual information that we reasonably consider necessary from time to time. We reserve the right to request original documentation. You agree to procure from each End User their authorisation for the collection, disclosure and use of personal information about the End User by us.

7.10 You must advise us when any of your personal information changes (for example if you change your name, email address, contact details or address) or any personal information changes in respect of any End User(s) as we may require from time to time.

7.11 If we suspect that information supplied to us is false, or that information about a person has been supplied without their knowledge or consent, we may delay the Activation of your Account, or suspend any affected Account or the Services, while we investigate. If we are satisfied there has been no breach of this clause 7.11, we will Activate the Account(s) or reinstate the Services. If we are not satisfied we may immediately terminate this Agreement. You acknowledge that you will have no claim against us in respect of any delay or refusal to Activate your or any other Account, the termination of your or any other Account, or the suspension of your or any other Account or the Services as a result of this clause.

7.12 Content which you may access or is provided to you (Third Party Content), using the Services, is for your personal use only. You may not forward, copy, reproduce, re-sell or distribute Third Party Content or interfere with it in any way. You acknowledge that this obligation is also expressly for the benefit of our Agents and approved third party suppliers.

7.13 We may monitor Content originating from you or accessed by you using the Services and remove any Content that we consider to be inappropriate, illegal or in breach of the rights of any third party. We are not responsible for any Content, or for any loss whatsoever that you may suffer in connection with your accessing any Content that does not originate directly from us.

7.14 You agree that you are responsible for ensuring that you have the right to send all Content that you send when using the Services. We may alter Content that you send using the Services in order to enable the delivery of that Content to the recipient.

8.General

Assignment

8.1 You must not assign your rights under this Agreement. We can transfer our rights and obligations under this Agreement to anyone else. We will notify you if we do so and we will use best endeavours to provide notice in advance of any such transfer.

Delay

8.2 A delay in exercising any right is not a waiver of that right. A failure to exercise a right on any occasion does not prevent any subsequent exercise of that right.

Applicable law

8.3 Any dispute regarding the provision of our Services under these terms is to be determined by New Zealand courts.

9. Definitions and interpretation

Definitions
The following definitions and rules of interpretation apply unless the context requires otherwise:

2degrees means Two Degrees Mobile Limited, the duly incorporated company having its registered address at level 2, 136 Fanshawe Street, Auckland Central, Auckland 1010.

Account means your account with us which includes our records of your usage (including usage by End Users, where applicable), payments and outstanding Charges in respect of any Services and/or Connection(s) provided to you in accordance with this Agreement.

Add-on means any bundle of Services purchased by you in addition to any Plan (including any calling, text, data or Content bundle).

Agreement means this Agreement, including these Terms and Conditions, any and all annexures, schedules (including Service Schedules) and attachments to this Agreement, the Plans for Services acquired in connection with this Agreement and expressly includes any variation, replacement or substitution of them from time to time.

Billing Date means the calendar day each month on which your Bill will be made available to you.

Charges means amounts payable to Orcon by you for the Services, being amounts specified in your Plan, the Service Schedule or elsewhere in this Agreement, and for Services for which charges are not specified, the standard amounts charged by Orcon for such Services.

Connection means a connection to the Network using a SIM card issued by us.

Content means information, data, communications, images and sounds, software or any other material contained on or available through the Services.

Customer Care means the Orcon customer care team, contactable by dialling 0800 89 2000.

End Users means an identifiable individual who uses the Services (and “End Users” shall be construed accordingly).

Equipment Sold means Equipment sold by Orcon to you under this Agreement and for which the Charges in relation to the Equipment sold have been received in full by Orcon.

Equipment means any hardware, software or other infrastructure used in connection with a Service.

Fair Use Policy means a fair use policy as referred to in clause 3.26, as further set out in the Orcon General Terms and Conditions.

Minimum Term means the minimum period stated in your relevant Plan details provided to you at the time of entering the Plan unless another period is specified in respect of this Agreement or one or more Services.

Mobile Device means the mobile phone or other telecommunications device (which incorporates a SIM) which is compatible with and operates on our Network and is used by you to access the Services.

Mobile Phone Number means the mobile phone number allocated to you by us or selected by you from our available mobile phone numbers (where this Service is available) or which you Port from another Mobile Telecommunications Provider.

Mobile Telecommunications Provider means a provider of mobile telecommunications services to consumers in New Zealand.

Network means the telecommunications system owned by us and/or any of any Related Company (including 2degrees) which we use to provide the Services to you and other customers, including our WCDMA network.

Plan means the plan by which certain Services are made available to you, which includes, but is not limited to, calling, texting and data.

Port means to transfer a mobile phone number from one Mobile Telecommunications Provider to another (and words such as “Porting”, “Ported “and “Porting Process” are construed accordingly).

Related Company means a related company as defined in section 2 of the Companies Act 1993 and includes Vocus (New Zealand) Holdings Limited or any company which is a direct or indirect subsidiary of Vocus (New Zealand) Holdings Limited, or which would otherwise be deemed to be a Related Company of CallPlus Services Limited.

Roaming means an additional service that allows you to use your Mobile Device in countries other than New Zealand. Such service is provided in accordance with the Orcon Roaming Terms and Conditions.

Service Schedule means a schedule to this Agreement and the terms published or notified by Orcon as being applicable to the supply of a Service from time to time.

Service means the mobile service which Orcon supplies to you, as specified in these terms and conditions and/or each Service Schedule. References to Services include the sale of Equipment. Services has a corresponding meaning.

SIM means the subscriber identity module/s (SIM) that we provide to you that allows you to insert into a Mobile Device and access our Services.

Orcon Website www.orcon.net.nz and all associated pages.

Orcon means that business name and/or trademark owned and us

ed by Orcon.

SMS means a short message service, a type of text messaging on Mobile Devices.

we, our or us means Orcon, a division of CallPlus Services Limited Company Number 1271483 trading under the brand Orcon.

you or your means the customer who is party to this Agreement.

Interpretation

The following rules of interpretation apply on any matter affecting the proper interpretation construction of this Agreement:

1. Headings: headings are for convenience only and do not affect the interpretation of this Agreement;

2. Inconsistency: in the event of inconsistency, the parts of this Agreement will have the following order of priority, first the Table, second each Service Schedule and third other parts of this Agreement, including these Core Terms and Conditions;

3. Singularity: the singular includes the plural and conversely;

4. Grammar: where a word or phrase is defined, its other grammatical forms have a corresponding meaning;

5. Including: to avoid doubt, the word including is not intended to be exhaustive in operation and is to be interpreted as including but not limited, unless expressly provided to the contrary;

6. Construction: no rule of construction or interpretation applies to disadvantage a party because that party prepared or was responsible for the preparation of this Agreement or any part of it;

7. Reference to Currency: A reference to currency is a reference to New Zealand currency unless expressly stated to the contrary.

8. References to Persons: a reference to a person includes a natural person, partnership, joint venturer, government department or agency, body corporate, an unincorporated body or other legal entity and conversely;

9. References to Parties: a reference to a party includes the party’s successors and permitted assigns; and

10 Reference to Right or Obligation: a reference to a right or obligation of any two or more persons confers that right, or imposes that obligation, as the case may be, jointly and severally.

Roaming Terms and Conditions – Effective 1 May 2023

Orcon Roaming Terms and Conditions

1. These terms and conditions (T&Cs) apply in addition to the applicable Orcon Mobile (2degrees Network) Terms and Conditions, Orcon General Terms and Conditions and any other terms and conditions that apply to your use of our Services. If you are receiving your mobile service on the Spark MVNO, then please refer to the Orcon Mobile (Spark MVNO) Terms and Conditions for your roaming terms.
2. In the case of inconsistency with these T&Cs and the terms referred to in clause 2 above, these T&Cs win. Unless stated otherwise, capitalised terms used shall have the same meaning given to them in the applicable referred to in clause 1 above.
3. The rates and terms set out below apply to you and you are deemed to have accepted them when you use your Mobile Phone to roam in destinations outside of Aotearoa.
4. Worldwide destinations are divided into four Roaming zones where you will be subject to different rates, terms and service availability, as follows:

Zone	Product available
1	$8 Daily Roaming Destinations
2	$57 Roaming Add-On Destinations
3	No Data Destinations
4	No Service Destinations

For Plans using Daily Roaming in Zone 1 after 1GB of max speed data per day max speeds reduce to 128Kbps. Fair Use Policy applies. Note: Receiving calls costs $1 per minute in Fiji, Cook Islands, Western Samoa, Vanuatu, Tonga and Papa New Guinea.

Daily roaming destinations can be found here: https://www.2degrees.nz/roaming

Exclusions apply: Premium rate numbers (eg 0900 numbers, short codes (numbers usually less than 6 digits), picture/MMS messages, satellite phones and Cruise ship and in-flight roaming are excluded and will incur additional charges at the applicable rates.

Further information on what destinations are included in each Zone is available on our website.

All rates are in NZ dollars, include GST, and are subject to change – always check the website and app.

$8 Daily Roaming

5. If you’re using your Mobile Phone in selected overseas destinations as set out on our website, $8 Daily Roaming Destinations, you will carry on using your base Plan specific allocations of Minutes, Texts and/or Data as though you are in NZ, for $8 per day (“$8 Daily Roaming Rate”), collectively (“Daily Rate” and “Daily Rate Destinations”).
6. Only your Plan NZ Minutes, Texts and/or Data allocations are included in the Daily Rate. Add-ons and extra plan inclusions including the International Chat Pack, special rates, promotions and deals are not included in the Daily Rate and will incur additional charges on use overseas.
7. When you’re in a Daily Rate Destination, you can use your Plan Minutes and Texts to call or Text any standard mobile or landline in NZ, Aussie, and the destination you’re located in (as applicable).
8. Calls and texts made toany destination other than mobile or landlines in NZ, Aussie, and the destination you’re located in will be charged at the applicable NZ international call or text toll rate as if you had made the call or sent the text from NZ. Current rates are set below.
9. Roaming in Daily Roaming Destinations will be automatically activated once your phone connects to a network in applicable destinations. For $8 Daily Roaming, the Daily Rate will be triggered and charged when you do any of the following:
   1. make a call (including to voicemail);
   2. receive a call (or don’t answer an incoming call that diverts to your voicemail);
   3. send a text; or
   4. use mobile data (including when your phone uses data when apps are operating in the background etc)
10. If you don’t want to trigger $8 Daily Roaming while in a $8 a Day Roaming Destination:
    1. Keep your phone switched to flight mode;
    2. Keep mobile roaming turned off on your phone; or
    3. Turn your phone off entirely.
11. You will be charged the Daily Rate for each day you use your Mobile Phone in a $8 Daily Roaming Destination. A day is counted as 00:00 to 23:59 NZ time (NZ Time Day). Each Daily Roaming Destination and Roaming Add-On product expires at the earlier of reconnecting with our Network in NZ or 23:59 on the applicable day.
12. If you travel to multiple $8 Daily Roaming Destinations in an NZ Time Day (or to a $8 Daily Roaming Destination and any other overseas destination in an NZ Time Day), you will only be charged the Daily Rate once during the applicable NZ Time Day.
13. If your plan has a limited allocation of Minutes and Texts and you run out of your Minutes or Texts while you are roaming in a Daily Rate Destination and you continue to make calls and send texts, you will be charged at our standard NZ calling and text rates or applicable international toll rates.
14. If you run out of your Data allocation under your Plan while you are roaming in a Daily Roaming Destination and you would like to continue using mobile data, you can purchase more in the same way you would if you were in NZ by buying an NZ Data Pack.
15. Pacific Islands: When you’re in in Fiji, Cook Islands, Western Samoa, Vanuatu, Tonga and Papa New Guinea incoming calls do not activate the Daily Rate and are not included in the Daily Rate as such incoming calls are charged separately at a $1 per minute rate as set out on our Roaming website. It’s best for you to call your family and friends while in these destinations rather than have them call you.
16. Reduced maximum data speeds of 300Kbps apply in certain $8 Daily Roaming Destinations, as set out on our Roaming website.
17. If you’re roaming in an overseas destination other than a $8 Daily Roaming Destination, different rates will apply to you, as set out below.

$57 Roaming Add-On

18. If you’re in selected overseas destinations as set out on our Roaming website ($57 Roaming Add-On Destinations) and you would like to use mobile data in those destinations, you will need to purchase a $57 Roaming Add-On data pack.
19. You can only purchase a data pack for $57 Roaming Add-On Destinations, and only once you’re located in one of those destinations. When you arrive in a $57 Roaming Add-On Destination and take your Mobile Phone off flight mode, you should receive a welcome text from 2degrees. To enable data roaming, purchase a data pack by following the instructions in the welcome text. If you do not purchase a data pack, you will not be able to use mobile data in that destination.
20. You can only purchase a data pack for $57 Roaming Add-On Destinations, and only once you’re located in one of those destinations. When you arrive in a $57 Roaming Add-On Destination and take your Mobile Phone off flight mode, you should receive a welcome text from 2degrees. To enable data roaming, purchase a data pack by following the instructions in the welcome text. If you do not purchase a data pack, you will not be able to use mobile data in that destination.
21. A data pack is valid for 30 NZ Time Days from purchase and you will lose any unused roaming data on expiry of this time.
22. If you use up all of your purchased roaming data and you would like to continue to use data in a $57 Roaming Add-On Destination, you will need to purchase another data pack.
23. A data pack can be used in all $57 Roaming Add-On Destinations. One data pack can be used across multiple applicable destinations for as long as it is valid.

Calls and texts in $57 Roaming Add-On Destinations and No Data Destinations

24. Data roaming is not available in selected destinations as set out on our Roaming website (No Data Destinations). When you arrive in a No Data Destination and take your Mobile Phone off flight mode, you will receive a welcome text from 2degrees.
25. If you’re in a $57 Roaming Add-On Destination or No Data Destination, you will be charged 2degrees’ applicable casual roaming rates for calls and texts relating to the particular destination you are in. You can check out 2degrees’ casual roaming call and text rates on our Roaming website. There is no charge for receiving texts.
26. Casual roaming call rates apply per minute and part minutes are rounded up to the next whole minute. Rates apply for calls to standard mobile or landlines only and exclude calls and texts to premium rate numbers and satellite phones.

No Service Destinations

27. There are no roaming services available to 2degrees customers in selected overseas destinations, as set out on our Roaming website (No Service Destinations). When you are in a No Service Destination, you will not be able to use calling, text or mobile data functionality on your Mobile Phone through your 2degrees Account.

General

28. All roaming charges are in addition to your monthly Plan charges.
29. All roaming charges incurred will be applied to the Account associated with your connection and will appear on the Account’s bill. 2degrees will endeavour to capture all roaming charges in the subsequent Bill following the roaming activity but this will not always be possible, including where an external network provider is delayed in advising us of roaming activity and where this occurs, charges may appear on a later bill
30. Roaming pricing, destinations, and service availability are all subject to change without notice at any time. Please visit our Roaming website to check the latest pricing and destination inclusions that apply to you before you travel
31. Orcon Roaming is only available to Orcon customers who are normally resident in NZ.
32. Cruise ship and in-flight roaming are not included in any Roaming daily rates or data packs and are subject to separate rates and terms as set out on our website here
33. 2degrees reserves the right to hard steer traffic to certain network providers and add or remove destinations included in a Daily Roaming Destination Pack at any time without notice.
34. Applicable Roaming Packs are subject to any maximum call time lengths that our roaming partners may apply to each call made on their network.
35. Roaming services are only available within the coverage of each of Orcon overseas roaming partner’s networks. We do our best to select roaming partners that provide quality services to you but you acknowledge and agree it is not possible for network providers to provide a fault-free service at all times and we will not be responsible for any issues or service failures relating to the provision of roaming services by third party network providers (including disconnection, lack of coverage or the performance of that provider’s network).
36. Coverage and services may be adversely affected by radio interference, geographic or atmospheric conditions, outages, maintenance works, over-loading, faults or limitations in your Mobile Phone or the mobile phone or other device of the person with whom you are communicating, faults or other operational difficulties in Orcon’s roaming partner’s network or any other mobile telecommunications network to which that network (or Orcon’s network) is connected, or other circumstances or factors not wholly in our control. This means you may not receive all of the services in all areas all of the time.
37. Coverage and services can also change as our roaming partners continue to manage, build, develop and improve their networks.
38. We reserve the right to make urgent changes to these Terms and Conditions if required by law or for security or technical reasons