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Standard Terms and Conditions

  1. Our agreement with you
    Set out below are Deltacom (NZ) Limited’s terms and conditions for our customers. These are the main terms of our agreement with you. Additional terms apply to some of our services. If we are providing you with any of these services then we will either send you a copy of the applicable terms or make a copy available for you to view at www.deltacom.co.nz. These terms will also form part of our agreement with you. If these standard terms conflict with any additional terms, then the additional terms will take precedence.
    These terms apply from 1 March 2008 and replace any agreement you already have with us.
    By using our services or continuing to use our services (if you are already a customer), such use means you accept these terms. If you do not agree to these terms, please discontinue using our services.
  2. Definitions
    In these terms, “we” and “our” means Deltacom (NZ) Limited, “you” means you, our customer and “services” means all the TelstraClear™ services that we resell to you.
  3. Our commitment to you
    We will always do our best to make sure that you receive reliable and high-quality services. We cannot however guarantee that our services will always operate free of faults. If you do encounter a problem with our service you should contact Customer Care and we will work to restore the service as soon as possible. If we cannot fix the problem then you may cancel this agreement by telling us.
  4. Your commitment to us
    In return for providing the services to you, you agree to:
    • pay for all the services that we provide to you and charge to your account (even if somebody else uses those services, as such services will be treated as having been used by you) by the due date shown on your bill;
    • follow our reasonable instructions about using the services;
    • only use the services for the purpose for which they are provided;
    • not use the services in any way that is unlawful or could interfere with our network, any other operator’s network or with another customer’s enjoyment of our services;
    • not use the services in a manner which may infringe the privacy rights of any other person; and
    • make sure that anyone else who uses the services that we provide to you also abides by the terms of this agreement.

      You will indemnify us against all liability, losses and costs that we incur through your failure to do any of the above or your failure to perform any other obligation that you have under this agreement.
  5. Our charges and services
    You can obtain a free copy of information about our current services and charges by calling Customer Services or by visiting our website - www.deltacom.co.nz
    From time to time we may decide to change some of our charges. We will give you at least 14 days written notice of any increase in our charges.
    From time to time we may amend or discontinue our services and our packages of services. Where we do this we will endeavour to give you advance notice of this. If we discontinue a service or a package of services we will endeavour to move you onto another service or package of services.
    Where the provision of a service is dependent on a third party to provide services to us, we may not be able to provide that service or we may need to terminate that service if the third party is unable or unwilling to provide the services to us. Where this occurs we will provide as much notice as we are reasonably able and will endeavour to provide alternative services.
    Where you do not agree to the changed service or package, or us moving you onto another service or package, then notwithstanding anything else in these terms you may cancel that service or package within 5 working days of receiving our notice.
    Notwithstanding the above, we are free to choose the manner in which and the technology by which we provide a service. Where we change the manner or technology by which we provide a service provided the service itself remains materially similar this shall not be a reason for you to terminate the service.
    While we will endeavour to make services available to you where we can, not all services will be available to all customers and not all services will be available in all areas.
  6. Paying your bill
    We will send you a bill at regular intervals. Some charges may be billed one month or more in advance or arrears. Please contact Customer Services if you have any questions about your bill. If we agree that we have made a mistake then we will correct the bill. If we find that there is no mistake and the due date for payment has already passed, you agree to pay your bill (and any late payment fee – see below) straight away. If you have not contacted us before the due date shown on your bill then you agree to pay the full amount.
    If your account is overdue, we may:
    • suspend any of the services that you have asked us to provide;
    • charge you any temporary disconnection charge;
    • charge you interest at the rate of 2% per month on any part of the invoiced amount that remains unpaid calculated on a daily basis from the due date of payment to the date on which payment is made in full to us, and
    • continue to charge you any recurring monthly charge applicable for those services during the period of suspension.

      If we have to spend money on collecting overdue amounts from you then you will reimburse us for those costs.

    Where the services are phone line services and your account is overdue we may also:
    • disconnect your phone, and where this happens you may not be able to use the same phone number in the future; or
    • add a toll bar to your phone so that you will not be able to make certain toll calls and we may charge you for placing that toll bar on your phone.

    Part payment of your bill will not amount to a full and final settlement unless we have agreed to this in writing.

    Sometimes charges will not show on your bill until some time after the month in which they were incurred. You will still be liable for such charges.
  7. Changing service provider
    You acknowledge that where you are changing service provider:
    • if we are your new service provider we will only provide those services agreed with you, and if there are some services we cannot provide, you will need to ensure these will continue to be provided to you by your previous service provider;
      there may be consequences (such as changes in price or availability of service) with your previous service provider for services still provided by it;
    • you remain subject to the terms and conditions of use of your previous service provider for services provided by it and
    • you will remain liable for all charges that you owe to it, including unbilled charges and termination charges; and
      we may charge you on behalf of your previous service provider for any services provided by it that it has not previously invoiced you for.
    • you will need to ensure that your account with your previous service provider has been closed.
  8. Credit arrangements
    We may decide to use information that you give us in order to check your creditworthiness at any time. You agree that we may pass on your information to credit reporting organisations so that they can run credit checks on our behalf. We may also let those organisations know if you have not paid your bill. You agree that at any time those organisations may pass on to us information about you that they hold. We will use that information to make decisions about providing or continuing to provide you with services. You also agree that those organisations may keep any information about you that we have passed on to them and use it for the purposes of their businesses, which may include supplying it to other entities that use their services.
    You may have to pay us a deposit before you can use, or continue to use, our services. We will tell you when this is required.
  9. Changing addresses
    If you move house then you will need to stop the services that we are providing to you at your old address. You therefore agree to give us at least 14 days notice before you move house, otherwise you will still be responsible for paying for the services that we provide to your old address. Depending on where you move to, we may or may not be able to provide you with the same services.
  10. Ending your agreement with us
    A minimum term may apply for some or all of our services. We will tell you when this applies.
    Unless a minimum term applies to a service, if you want to stop a particular service or cancel this agreement, you agree to tell us at least 7 days beforehand. You can do this by contacting Customer Care. If a minimum term applies to a service you may stop that service at the end of the minimum term or at any time after the minimum term, in the same way as you agree to stop any other service. (Any cancellation by you before the end of a minimum term will not be effective until the end of the minimum term.) You can also do this by contacting Customer Care.

    We may stop or suspend a particular service or cancel this whole agreement at any time without telling you if:
    • you do not pay for any of our services by the due date shown on your bill;
    • you give us incorrect information;
    • you have not given us a deposit we have asked for; or
    • you have not complied with these terms and conditions.

    We may stop or suspend a particular service or cancel this whole agreement at any time and for any other reason so long as we have tried to tell you in advance.

    We may stop providing you with service without telling you if you do not use the service for at least 6 months.

    If either of us cancels this agreement for any reason you will:
    • be liable for any applicable disconnection and early termination fees, unless you are terminating because we have changed a service;
    • still have to pay for all services that we provide to you up until the effective date of cancellation;
    • pay any recurring charges until the effective date of cancellation or the end of your current billing period (whichever is later), unless you are terminating because we have changed a service; and
    • be liable for any subsequent reconnection fees.

    If you seek to cancel a service then we may also choose to stop the service immediately but still charge you for it until the end of your current billing period or until the effective date of cancellation (whichever is later).
    In some circumstances, terminating one service may result in us immediately terminating some or all other services being provided to you. For example, we will not usually continue to provide broadband services if you move your phone line to another provider.

    You agree that clauses 10, 11, 14 and 15 will survive cancellation of this agreement.
  11. Collecting and using information about you
    You agree that we can collect information about you (such as your home address and phone number and evidence that you will be able to pay for our services) and the ways in which you are using the services. We will ask you for this information or we will obtain it from our records. You agree to ensure that all information you give to us is correct and complete.
    You agree that we can use this information and can pass it on to our employees, contractors, agents and suppliers for a range of lawful purposes connected with our business operations, including:
    • Providing you with services;
    • Sending you bills;
    • Checking your creditworthiness;
    • Looking at ways in which we can improve our services and develop new services; and
    • (unless you have told us that you do not want to receive this information) keeping you informed about new services and changes to existing services.

    You also agree that we can use information that we have collected about you to keep you informed about services offered by our carefully selected business partners, unless you have told us that you do not want to receive this information.
    You agree that we may pass on your telephone number(s) to other network operators to enable you to make or receive calls.
    You agree that we may monitor and/or record calls made between you and Customer Services for the purpose of maintaining and improving the quality of our service.
    You may ask to see information that we have about you and you may ask us to correct any errors. You can do this by contacting Customer Services.
  12. Your account
    If we allocate you a password or a security code to use in connection with the services or to access your account information, then you will be solely responsible for maintaining security around that password or security code.
    You may nominate a representative (who must be over 18 years) to have access to your account information and to make changes to your account, such as cancelling or adding on services. If you do this, you will still be responsible for paying for all the services that we provide to you.
  13. Consumer guarantees
    You can exercise your rights under the Consumer Guarantees Act 1993 at any time unless you use, or have indicated you will use, our services for business purposes.
  14. Our liability to you
    To the extent allowable by law:
    • our liability for any claim, damages, loss or expense that you incur as a result of anything we have done or not done is limited to $500 for any event or series of related events and $2,000 for all events occurring in any 12 month period of your agreement with us; and
    • we will not be liable for any loss of profits or any consequential, indirect or special damage, loss or injury of any kind suffered by you or any other person.
  15. Liability of third parties to you
    The following people will not have any liability to you:
    • our employees, contractors and representatives;
    • other network operators who use our network and allow us to use their networks, and their employees, contractors and representatives; and
    • any person who provides any service which is part of our services, and their employees, contractors and representatives.
  16. Sending bills and notices to you
    We will send your bills and any other notices to the latest postal address or (where we have agreed this with you) to the latest email address that you have given us. It is important you tell us straight away about any change to your postal or email address. You can do this by contacting Customer Services.
  17. Changing these terms
    We may change these terms. We will give you at least 14 days' warning of any change, either in writing or by notices in major city newspapers. You can always contact Customer Services to request a copy of the current terms of your agreement with us or view a copy of those terms at www.deltacom.co.nz.
  18. Transferring this agreement
    We can transfer some or all of our rights and obligations under this agreement. If we do this we will try to tell you in advance. You agree not to transfer any of your rights and responsibilities under this agreement to anyone else.
  19. Distribution of donation revenue – donation disclosure
    Deltacom pay monthly donations to selected schools, Rotary Club’s and other approved charitable organisations nominated by our customers. Unless otherwise agreed with us, our donations on residential accounts shall equal 5% of their total (GST exclusive) telephone account billings with us. Donations on business accounts may vary by agreement between Deltacom and our customers. Business account donations are restricted to a maximum of 4% of their total (GST exclusive) telephone account billings with us.
  20. Force Majeure Event
    We will not be liable to you for any failure to perform our obligations under this agreement during the time and to the extent that such performance is prevented by reason of any event or circumstance beyond our reasonable control, including (without limitation) any act of God, fire, flood, storm, earthquake or any natural disaster, any act of a public enemy, sabotage, embargo, malicious damage, riot or war, any Government intervention and any defect in or failure of any third party electricity network or infrastructure (“Force Majeure Event”).
    We will notify you as soon as practicable after the Force Majeure Event occurs and endeavour to provide you with information regarding the extent of our inability to perform and an estimate of the time likely to be required to overcome the Force Majeure Event. We will use our reasonable endeavours to remedy or mitigate the effect of the Force Majeure Event and to complete our obligations under this agreement as far as is reasonably practicable. For the avoidance of doubt, you will not be required to pay any charges for any services to the extent that such services are not provided by us due to a Force Majeure Event.

Additional Terms for Installed Services

If we are providing services in relation to equipment installed or connected in your home or business (whether installed or connected by us or another service provider), the following terms also form part of your agreement with us.

  1. Installation
    We will arrange a time with you to install the services at your home or business. If you live or work in rented premises then you agree to ensure that your landlord is happy for us to install our services at those premises. Where we attend at your home or business at the arranged time and are not able to gain entry we will charge you for that attendance.
    We may require you (or your nominated agent) to provide us with proof of identity before commencing work.
    Once we have finished work we will ask you to confirm that the installation has been completed to your satisfaction. If you are not going to be at home or your business on the day scheduled for the install then you may nominate an agent (who must be over 18 years old) to do this on your behalf.
    You must pay for all costs of installation, including any additional costs resulting from non-routine installations (please see www.deltacom.co.nz for our current routine installation guidelines). We will tell you in advance if any additional costs will be payable.
    If we are providing you with high speed internet services you are responsible for obtaining and installing a suitable network card for your computer.
    We reserve the right not to connect services to your household or business for any reason including where Deltacom considers it uneconomic or unsafe to do so. We may exercise this right at any time even if we have accepted your application for services.
  2. Use of services
    You may only use our services at your home or business address. If you move from your house or business and your new address is in our connectable area then you can ask us to install our services at that address.
  3. Caring for our equipment
    We will remain the owner of any equipment that we locate at your home or business to enable you to use the services, such as cabling, decoder and cable modem. We will remain the owner of this equipment at all times, even after cancellation of this agreement. You will not do anything that affects or is likely to affect our ownership rights in the equipment.
    We will always do our best to make sure that our equipment remains in good working order. We cannot guarantee that our equipment will never break-down, but if you do encounter a problem then please contact Customer Care and we will repair or replace any defective item as soon as possible. We will pay the costs of transporting the equipment to us to be repaired.
    In return for allowing you to use our equipment, you agree to:
    • follow our reasonable instructions about use of the equipment;
    • not tamper or interfere with our equipment (including introducing any viruses or disabling mechanisms into our equipment). (Please contact Customer Services before carrying out any home or business renovations);
    • contact Customer Services if the equipment is lost, stolen or damaged;
    • take responsibility for repairing or replacing any item of equipment that is lost, stolen or damaged while under your control. (We recommend that you cover this risk under your insurance policy);
    • give our personnel safe access to your home so that they can install, maintain and/or disconnect our equipment or for any other reasonable purpose; and
    • return any equipment you rent from us when you terminate or we stop providing the rental service, unless we agree otherwise. If you don't return the equipment, we may continue to charge you rental for it.
    We may at any time and for any reason ask you to return some or all of the equipment that we have located at your home or business. If you do not exchange or return it to us when we ask, then we may bill you for the standard replacement charge for the item in question.

Additional Terms for our Phone Line Services

If you receive residential or business phone line services from us then the following terms also form part of your agreement with us.

  1. Our services and charges
    In relation to termination of some or all services, you agree that:
    • you will give us 30 days' notice if you wish to terminate a service; and
    • where you cancel any package of services you have been receiving from us or any part of a package of services, new prices may apply to any services that you continue to use.
    • for line rental and/or broadband customers a 12 month term applies. Leaving before your contract ends will cost $144.00 (including GST).
  2. Internal wiring maintenance
    We will assume that you require the internal wiring maintenance service unless you tell us otherwise. If however you are transferring your phone line services to us from another service provider, and you did not purchase the internal wiring maintenance service from that other service provider, we will not provide you with the service unless you tell us otherwise. Additional fees may apply for internal wiring maintenance services.
  3. Telephone numbers and directory services
    All telephone numbers that we allocate to you do not belong to you. This means that we may change any number allocated to you, so long as we have warned you in advance. We are not responsible for any costs incurred by you as a result of a change in your telephone number.
  4. Directory listing and caller line identification
    If you tell us that you would like to be listed for 018 directory assistance and/or in the white pages, we will pass your name, telephone number and address to Telecom Directories Limited.
    If you tell us that you would like your details to remain unlisted then we will do our best to respect that wish. You acknowledge that your details may still be provided to emergency service providers and to authorised government agencies.
    If you request us to prevent your phone number from being displayed when you make a call we will do our best to tag your calls so that your telephone number(s) are not displayed to the person you have called. Your number may still be displayed to emergency service providers and to us.

Additional Terms for our Internet Services

  1. Our commitment to you
    If you are not already receiving internet services from us we will begin providing the internet services to you within a reasonable time after you order them.
    We will always do our best to make sure that you receive reliable and high-quality internet services. We cannot however guarantee that our internet services will always:
    • operate free of faults;
    • be free from viruses, other harmful programmes or disabling features; and
    • be secure or private.
    If you do encounter a fault in our internet services you should contact Customer Care and we will work to restore the service as soon as possible. We will not be responsible for fixing any fault with the internet services that occurs because of a fault in your equipment or because you have used the internet services incorrectly or because of any other event beyond our reasonable control, such as problems with the internet or viruses.
    From time to time we may temporarily suspend or restrict the internet services so that we can carry out maintenance and development work on our network. We will always try to give you as much advance notice as possible.
  2. Your responsibilities
    Except where we tell you otherwise, you are responsible for providing the telephone line, modem, computer, hardware, software and all other equipment required to use the internet services. It is your responsibility to keep your systems secure and free of viruses.
    In return for us providing the internet services to you, you agree to:
    • pay for all the internet services that we provide to you (including any additional usage charges) by the due date for payment;
    • follow our reasonable instructions about using the internet services that we may notify you of from time to time;
    • use the internet services in a reasonable and responsible manner and in accordance with our Acceptable Use Policy (which is available at www.deltacom.co.nz/acceptableuse);
    • only use the internet services for the purposes that they are provided for;
    • not use the internet services in any way that is unlawful (including under any law passed after the date of this agreement) or offensive or could interfere with our network, any other operator's network or with another customer's enjoyment of our services;
    • not use the internet services to publish or distribute any information, software or other material which is unlawful or which a reasonable person would consider offensive, abusive or defamatory (flaming);
    • not use the internet services to send unsolicited electronic mail to any person for the purposes of advertising or promoting any organisation (spamming);
    • not use the internet services to gain or attempt to gain unauthorised access to any computer systems or in a manner which infringes our rights or the rights of any other person;
    • not use the internet services to knowingly transmit any virus or other disabling feature;
    • take all reasonable care to prevent the spread of viruses, or contamination by virus, of any software or hardware operated by any other person;
    • ensure that all personal information that you give us is correct, current and complete and provided in a timely fashion;
    • notify us immediately if any of the personal information that you have provided us changes; and
    • make sure that anyone else who uses the internet services that we provide to you also abides by the terms of this agreement.
    • You will be responsible for protecting your computer against any virus, unauthorised access or spam. We recommend that you install appropriate firewalls, spam filters and anti-virus software as we do not provide any spam or virus protection with the internet services (except for the email filtering services described below) and you will be responsible for any additional traffic that may result from any virus, spam or unathorised access. Therefore, to the extent permitted by law, we accept no liability in relation to any virus, unauthorised access or spam experienced by you. However you are responsible for ensuring the compatibility with the internet services of, and the support and maintenance of:
      • firewalls, spam filters, anti-virus and other software; and
      • modems and other hardware and software.
      You will indemnify us against all liability, losses and costs that we incur:
      • through your failure to do any of the above;
      • through your failure to perform any other obligation that you have under this agreement; or
      • as a result of any claim made against us by a third party as a result of your use of the internet services, including as a result of material that you generate or disseminate by using the internet services.
  3. Provision of email services
    We will always do our best to deliver your email to the destination to which it is addressed whenever this is reasonably possible.
    You agree to promptly remove your email from our mail server. We may remove your email data that is in excess of 10 megabytes from our mail server unless you have made alternative arrangements with us. We will not be liable to you for the loss of any such data.
    Email identified as being from recognised senders of spam will be automatically blocked from delivery to your mailbox. Other email likely to be spam will be filed in a separate folder in your mailbox which can be viewed via WebMail ("Spam Folder"). We will delete all emails that have been in your Spam Folder for longer than 3 days and we will not be liable for any loss or damage that you may suffer as a result of such deletion. Accordingly we strongly recommend that you regularly check your Spam Folder.
    We do not guarantee our email service will:
    • detect all unsolicited "spam" email received by your mailbox;
    • not classify valid email that you receive as spam; or
    • be real time i.e. there may be a delay between sending and receiving email.
      We will retain ownership of any email address that is allocated to you as part of our provision of the internet services. If this agreement is cancelled, we may allocate that email address to another customer.

How to contact us:

You may like to contact us to:

  • ask for information about anything in these terms;
  • report a fault;
  • ask for a copy of our current charges;
  • query any item shown on your account; and/or
  • tell us about a change of address.

Customer Care

Phone TollFree: 0800 234 500
Fax TollFree: 0800 170 500
Freepost: Deltacom, PO Box 690, Shortland Street, Auckland 1015.
Internet: www.deltacom.co.nz
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Telephone: 0800 234 500
Fax: 0800 170 500

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