MOBILE SERVICE 

These terms (Mobile Terms) apply if we provide Mobile Services to you, in addition to the standard GBGA MOBILE Terms of Service (Standard Terms), which also apply to the Mobile Services. To the extent of any inconsistency between these Mobile Terms and the standard GBGA MOBILE Terms of Service, these Mobile Terms will prevail.

1. MOBILE SERVICES

1. We provide Mobile Services via upstream providers (currently powered by the Spark and 2Degrees Mobile Network) as a mobile virtual network operator.

2. The Mobile Services allow your users to make and receive local, national and international calls and text messages and consume mobile data (when within our mobile network coverage area) using a Mobile Device. Your users must use a GBGA MOBILE SIM card to connect and use the Mobile Services.

3. GBGA MOBILE will try its best to provide quality Mobile Services. But, because of the nature of mobile telecommunications networks, at times our ability to do so will be affected by factors outside of our control including, but not limited to, geographic conditions and physical obstructions, weather conditions, the number of people trying to use our Network at the same time or faults in our Network or other networks used by GBGA MOBILE to provide the Mobile Services. GBGA MOBILE cannot guarantee continuous or fault-free Mobile Services.

4. The quality, speed and coverage of the Mobile Services also depends partly on your Mobile Device, partly on the Network and partly on other third party telecommunications networks.

5. The Mobile Services may be unavailable at times due to maintenance, repairs, upgrades or modifications to the Network or other networks used to provide the Mobile Services. Where it is within our control, we will try to keep such unavailability to a minimum.

6. If new features or changes to the Mobile Services (for example, 5G) require new or upgraded Mobile Devices or other equipment, you will be responsible for obtaining this at its cost.

7. GBGA MOBILE will try to maintain security of information, but cannot promise that information received or sent using the Mobile Services will be secure.

8. GBGA MOBILE will try to prevent viruses or other manipulating programs from harming your Mobile Device, but will not be responsible if harm occurs.

9. GBGA MOBILE may alter information sent by you when using the Mobile Services in order to enable delivery to the recipient.

10. You must be on the GBGA MOBILE APN to receive the Mobile Services and need to ensure that each of your users:

i. accept any request from GBGA MOBILE to join that network; and

ii. follow any instructions or directions from GBGA MOBILE for changing the settings on their Mobile Device in order to be on the GBGA MOBILE APN.

11. GBGA MOBILE reserves the right to suspend Mobile Services in whole or in part (including stopping data usage) to any user who does not move to the GBGA MOBILE APN in accordance with clause 1.10.

2. CUSTOMER RESPONSIBILITIES

To use the Mobile Services you must (and must ensure that each of your users):

1. comply with the obligations in these Mobile Terms;

2. ensure that the things you do when using the Mobile Services are legal, not fraudulent and above board by complying with all applicable laws, regulations, standards and codes, including, but not limited to, the Privacy Act 1993, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Crimes Act 1961, and not infringe a third party’s rights.

3. provide GBGA MOBILE with all information reasonably requested in connection with the Service or these Mobile Terms and ensure that all information provided is accurate and complete;

4. keep confidential, and not disclose to any other person, any PIN or other access code feature used by, or allocated to, you in connection with the Mobile Services;

5. not use and must ensure that no person uses, a Mobile Device or the Mobile Services in a way that interferes with any other person’s use of the Mobile Services;

6. not use and must ensure that no person uses a Mobile Device or the Mobile Services to spam, mail bomb, publish any offensive or unlawful material, harvest information about others, create a false identity, access or upload any Content which breaches a third party right, or any other similar activity;

7. use only Mobile Devices and accessories approved for use with our Mobile Service and which comply with all relevant legislation and regulations;

8. follow the reasonable directions and guidelines (including any Fair Use Policies) that GBGA MOBILE provides regarding the use of the Mobile Services;

9. not do anything or introduce anything (including any virus) that may damage or harm the Network, equipment or any third party’s network or equipment

10. never interfere, or connect any non-approved equipment to any part of the GBGA MOBILE Network unless authorised in writing by GBGA MOBILE to do so;

11. authorise us or a person approved by us to remotely access a Mobile Device in order to perform any tasks that in our opinion are reasonably necessary to maintain, alter or protect the integrity or performance of the GBGA MOBILE Network or the Mobile Services or where GBGA MOBILE has been directed to do so by law;

12. agree to make sure every person who uses the Mobile Service complies with the obligations and responsibilities set out in the Agreement.

13. The Mobile Services are for your use only. You may not gift, resell or assign them.

14. You are responsible for the use of and security of access to all Mobile Devices of your users and you are liable for all Charges under this Agreement whether incurred by your users or someone else using or accessing a 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.

15. You must ensure that each Mobile Device and SIM is kept secure at all times. GBGA MOBILE recommend that you use a PIN and other access code features provided with a Mobile Device and SIM to ensure that only your users are able to access and use the Mobile Services. You must keep all such PINs and access codes confidential at all times. GBGA MOBILE may assume that any request or instruction it receives is authorised by you if it is made from your Mobile Device.

16. If a PIN is entered incorrectly three times in a row, the SIM will automatically block and it will not be possible to use it unless it is unblocked. To unblock the SIM an user will need a PUK1 Code, which they can obtain from the SIM packaging or by contacting GBGA MOBILE Support. If an end user continues to block a SIM by incorrectly entering the PUK1 Code the SIM will be rendered useless after 10 attempts and the user will lose names, numbers and other information stored on it. A new SIM will be required if the user wishes to continue using the Mobile Services.

17. You must inform GBGA MOBILE immediately if any Mobile Device or SIM is lost, stolen or damaged. You will remain liable for all Charges incurred in relation to the use of a Mobile Device or the SIM up to the time you inform us that the Mobile Device or SIM is lost or stolen, whether the Charges have been incurred by you or someone else. If a Mobile Device is lost, stolen, damaged or destroyed, a new Mobile Device and/or SIM will be required for that user to continue using the Mobile Services.

18. You must comply with the End User Terms set out in Appendix 1 (End User Terms) and must procure that each of your users agrees to the End User Terms before being connected and complies with the End User Terms throughout the term of your agreement.

19. You indemnify us against all loss we suffer or incur as a result of any action, proceeding, claim or demand that is made, threatened or commenced by any of your users against us or our suppliers which relates directly or indirectly to the provision of the Mobile Services, including us holding or using information in accordance with these Mobile Terms.

20. If a Regulatory Event occurs, we may vary any of the Mobile Services or the Charges or any other provision of these Mobile Terms to the extent that we deem it appropriate, terminate our agreement with you, or cease providing the Mobile Services. We will give you such notice of the Regulatory Event and any variation, termination or withdrawal of service as is reasonably practical in the circumstances and where possible at least 30 days’ notice.

3. MOBILE DATA

1. Some plans, packs and extras have a slow data component. This means that each user will have a certain amount of max speed data as specified in each user’s plan (for example, 5GB). This is each user’s max speed data allowance. Once each user has used all their max speed data allowance, they may have slow data for the rest of their service period, but speeds will be limited per the plans definition. This may vary from plan to plan, and will impact the users experience. Each user will still be able to use data like before, but may experience some degradation (such as lower video resolution) when watching video, streaming or loading images.

4. FAIR USE

1. You must use the Mobile Services fairly. This means you agree to use them in a way that is not overly excessive or unreasonable. This policy is based on how most people use the service and helps us make sure everyone using it gets to enjoy it. If we, acting reasonably and in good faith, believe your use is excessive and unreasonable, we might need to restrict the service or stop providing it to you.

2. Unlimited talk and text is for standard person-to- person calls and texts to standard NZ numbers. Premium and special numbers are excluded. Unlimited talk and text cannot be used for multiple simultaneous calling, re-supply, call centre usage, telemarketing, bulk messaging, application-to person communication, continuously call forwarding, auto-dialling, machine to machine communication (including by using the SIM card in any other device), Cellular Trunking Units (CTUs), or any other activity that GBGA MOBILE considers to be non-standard personal usage.

5. MOBILE ROAMING

1. Roaming services allows use of your GBGA MOBILE Mobile Service in a country other than New Zealand (Mobile Roaming).

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

3. Mobile Roaming is disabled by default on GBGA MOBILE Mobile. To enable Mobile Roaming please open a support ticket. GBGA MOBILE do not guarantee acceptance of your request.

4. 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.

5. When using Roaming Services, promotional offers, minutes or other entitlements which may come with your Plan may not apply. Please contact GBGA MOBILE support before you leave New Zealand to check. You may need to purchase a roaming add on otherwise you will be charged our roaming casual rates.

6. Charges for Roaming Services will be debited to your GBGA MOBILE account.

6. PHONE NUMBERS

1. Phone Numbers are allocated to you by GBGA MOBILE or another Telecommunications Service Provider and do not belong to you or any of your users.

2. You may Port any one or more Phone Numbers to another Telecommunications Service Provider. You must contact the Telecommunications Service Provider you wish to Port to and complete the Porting requirements of that Telecommunications Service Provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the Porting of the Phone Number to the other Telecommunications Service Provider. You will be responsible for all costs associated with Porting the Phone Number (including any applicable early termination charges owed).

3. We may be required by law, under contracts with other Network Operators or for other reasons to change the Phone Number(s). GBGA MOBILE will do our best to give you notice of any change required. GBGA MOBILE will not be liable for any costs which you, or anyone else, may incur as a result of such change.

4. If GBGA MOBILE disconnects a mobile connection and you have not Ported or transferred the Phone Number(s) prior to disconnection, GBGA MOBILE may re-allocate the Phone Number(s) to another customer.

7. CHARGING AND PAYMENT

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

2. Charges for Mobile Data/Mobile Broadband used from each Mobile Device are included within the subscribed plan or charged at our published casual rates if outside that plan. Mobile Data/Mobile Broadband usage and charges are calculated based on usage per session and billed in 10KB blocks, rounded up to the nearest 10KB at the end of each session, with a minimum charge of 1c per session if chargeable. (Where: 8 bits (b) = 1 Byte (B); 1024 Bytes = 1 Kilobyte (KB); 1024 KB = 1 Megabyte (MB)).<

3. Calls are charged at the rate applicable when they are commenced. Data is charged at the rate applicable at the start of the applicable data session.<

4. GBGA MOBILE will bill you monthly in advance for SIMs and the mobile monthly plan charges for each service. Charges for services outside the subscribed plan will be charged to the customer account as close to real time as possible. You must maintain a positive account balance to avoid service restriction.<

5. GBGA MOBILE may at any time set credit limits for each mobile connection or for your account as a whole. Once set, GBGA MOBILE may restrict the Mobile Services provided to any one or more mobile connections in accordance with that limit.<

6. If you have no credit on your GBGA MOBILE Account or have no quota remaining on an active Mobile Plan your ability to use the service may be impacted.<

7. You must pay the charges no matter who incurs them or how they are incurred.<

8. We may vary our charges from time to time. If we increase any charge we will give you at least 30 days’ notice. You can always check the latest charges at www.GBGA MOBILE.co.nz. If you do not agree to the changes, you may terminate the Service which is the subject of the changes.<

8. LIMITATION OF LIABILITY

1. You agree that you are using the Mobile Services for the purposes of a business and that the Consumer Guarantees Act does not apply. Sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply to any Mobile Service supplied to the you under these Mobile Terms and you acknowledge it is fair and reasonable to exclude such provisions.

2. The limitations of liability in the Standard Terms apply to and include all GBGA MOBILE officers, employees, agents, contractors and Network Operators involved in providing the Service. Without limiting the above, Spark New Zealand Trading Limited will have no liability to you in connection with the Mobile Services.

3. If you obtain a Mobile Device other than from GBGA MOBILE and it does not support all of the Mobile Services we offer, we are not obliged to take any action to enable access to any of the Mobile Services.

4. Neither party has any liability to the other under or in connection with the Mobile Service or these Mobile Terms, unless the notice of the claim has been given within 12 months after the circumstances giving rise to the claim became reasonably discoverable.

9. PRIVACY

1. You agree that any users of your mobile connections will provide GBGA MOBILE with personal information and GBGA MOBILE will obtain additional personal information from the use of the Mobile Services. You agree to obtain the consent of every individual who uses the Mobile Services to every provision of this clause in respect of GBGA MOBILE’s use of personal information.

2. You agree GBGA MOBILE may use personal information about mobile plan users and disclose it to third parties if required to provide the Mobile Services, for credit checking, for collection and or to communicate with you about current and future Mobile Services (including other Network Operators providing GBGA MOBILE with services to enable GBGA MOBILE to provide the Mobile Services to Customer, including Spark New Zealand Trading Limited and 2Degrees). You agree that personal information can be shared with other Network Operators, for the purpose of monitoring and investigating fraud and other offences. GBGA MOBILE may also share personal information to law enforcement agencies where required by law or in response to a bona fide request in connection with an investigation.

3. You may request access to your personal information (although we may charge a fee for making it available) and request that any incorrect information be corrected.

4. GBGA MOBILE may record or monitor calls from mobile plan users to verify information and for staff training.

5. GBGA MOBILE may include personal information about your users in a telephone or similar directory or directory enquiry service provided or operated by GBGA MOBILE or a third party unless you tell us not to.

6. You acknowledge that, in providing the Mobile Services to the Customer, GBGA MOBILE and other suppliers or Network Operators providing services to GBGA MOBILE to enable the Mobile Services may transfer information about Customer (including personal information of mobile plan users) to countries outside of New Zealand, that may not have the same levels of legal protection for personal information.

10. TERMINATION AND SUSPENSION

1. You may discontinue the Mobile Services in respect of any one or more mobile plan by cancelling the service via the GBGA MOBILE web portal.

2. The plan connection will end on the 30th working day after we receive the cancellation notice or a port notification from another provider. At GBGA MOBILE’s option, some Mobile Services may be terminated sooner.

3. For each connection terminated by you, you must pay:

i. any early termination charges; and

ii. all Charges incurred by connection to the date of disconnection; and

iii. any outstanding Charges and other moneys payable under these Mobile Terms.

4. GBGA MOBILE may suspend the provision of Mobile Services for any one or more mobile connection due to any unplanned or emergency maintenance, any unplanned unavailability of or interruption to, the GBGA MOBILE Network or the network of one or our suppliers or in order to provide or safeguard service to any emergency or other essential services. In such event, GBGA MOBILE will use its reasonable efforts to:

i. give you as much notice as reasonable practicable reasonable of such suspension;

ii. keep you informed in relation to the suspension or interruption of the Mobile Services; and

iii. manage the suspension or interruption of the Mobile Services with a view to minimising the impact to you.

5. 10.5 GBGA MOBILE may (without limiting any of its other remedies) suspend the provision of the Mobile Services for any one or more mobile connection determined by GBGA MOBILE during any period where you are in breach of the Agreement (including but not limited to fraud, failure to comply with GBGA MOBILE’s reasonable directions, interference with the Network etc) for so long as such breach remains unremedied.

6. 10.6 Following suspension of the Mobile Service by GBGA MOBILE, where GBGA MOBILE is satisfied, acting reasonably, that the breach has been remedied, GBGA MOBILE will use its best endeavours to promptly reinstate the Mobile Services.

11. DEFINITIONS

Defined terms in the Standard Terms have the same meaning in these Mobile Terms unless expressed to the contrary. In these Mobile Terms, unless the context otherwise requires:

Charges – means all monthly access charges, data usage, call or message charges and all other fees payable in accordance with the Plan, these Mobile Terms and as otherwise specified by GBGA MOBILE. Unless otherwise stated, all prices exclude GST.

Network Operator – means any entity with whom Vocus has entered into an supply or interconnection agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between us and that entity.

Mobile Device – means a mobile or other cellular telecommunications device.

Phone Number – means a Mobile Device number which is either allocated to an End User by Vocus or which the Customer or an End User ported or is seeking to port.

Plan(s) – means a plan for each user containing a bundle of Mobile Services (e.g. calls, texts, data) for a fixed Charge.

Regulatory Event – means any legislative or regulatory change (including any determination, direction or decision by a regulatory authority or the introduction of, or change to, any regulations, reference offer or undertaking) that directly or indirectly has the effect of:

1. materially altering the terms of these Mobile Terms or the Standard Terms;

2. making the operation or performance of these Mobile Terms or the Standard Terms impractical;

3. materially altering the burden (financial or otherwise) of GBGA MOBILE or a Network Operator providing services to GBGA MOBILE to enable the provision of the Mobile Services under these Mobile Terms; or

4. causing GBGA MOBILE or any Network Operators supplying services to GBGA MOBILE to enable the Mobile Services (voluntarily or otherwise) to materially alter its operations or structure.

Mobile Services – means the mobile services provided by GBGA MOBILE as set out in these Mobile Terms.

SIM card – means the Subscriber Identity Module on a Mobile Device connected to the GBGA MOBILE network and includes any SIM card issued by GBGA MOBILE.

APPENDIX 1: END USER TERMS

RESPECTING OTHERS

When using Spark or 2Degree services, you must not interfere with anyone else’s equipment or services, and you must respect Spark’s and others’ intellectual property rights. You must also respect our staff, and not threaten, bully, or harass our staff, or anyone else (when using our services). Never interfere with the reasonable use of our services by our other customers.

RESPECT OUR NETWORKS AND EQUIPMENT

You must not do anything or introduce anything, like a virus, that could interfere with, damage, or harm our networks or equipment. Do not connect anything, like a phone or modem, to our network unless it has a telepermit or GBGA label on it (or we tell you otherwise). If you lose, steal, or damage any part of our network or equipment, you might have to pay the repair or replacement costs. This will also apply to you if someone you are responsible for or someone using your services causes loss or damage to our network. It is up to you to make sure your in-home wiring and non-Spark equipment does not interfere with the services we provide to you.

FOLLOW THE LAW

Make sure that the things you do when using our services are legal and above board by complying with all applicable laws, regulations, standards and codes when using our services, including, but not limited to, the Privacy Act 1993, Fair Trading Act 1986, Copyright Act 1994, Defamation Act 1992 and the Crimes Act 1961, and not infringe a third party’s rights.

FAIR USE BY YOU

You must use our services fairly.

This means you agree to use them in a way that is not overly excessive or unreasonable. This policy is based on how most people use the service and helps us make sure everyone using it gets to enjoy it. If we, acting reasonably and in good faith, believe your use is excessive and unreasonable, we might need to restrict the service or stop providing it to you.

USING THE SERVICES AS THEY ARE DESIGNED

Follow all Spark’s reasonable directions about the use of our services.

Obtain any authorisation, licence or consent Spark 2Degrees think is necessary for us to provide the service to you (such as resource management or building consents).

Do not use the services, or content or anything else provided by us or available on our websites, in any way that implies an endorsement, sponsorship or association by us with any product, service, person or entity.

Make sure anyone else who uses the services we provide to you, or does anything relating to them, also meets your responsibilities. You can take steps to prevent unauthorised use of your services (for example, depending on the services, by using passwords, PIN numbers, toll barring options and/or other security measures to control who gains access to and uses your service). You will not be responsible and liable for any unauthorised use of the services if such use is a result of our breach of contract or negligence.

Internet and phone services (non mobile)

1. TERMS OF SERVICE

1.1. These terms of service constitute the agreement between Greater Bay Group (we or us) and the end user (you, your or customer). By activating or using any of the services, you represent that you are authorised to enter into this agreement and that you have read and understood the terms and conditions of this agreement.
1.2. Additional terms may apply to your use of some of our services. If so, we will tell you what those terms are. If there is any conflict between these terms and any additional terms, the additional terms will prevail.

2. OUR SERVICES

2.1. We are not obliged to provide services unless we accept your application. We can decide whether or not to accept any application.
2.2. You understand that the VoIP service is not a traditional phone service and is provided on a best efforts basis. We will use all reasonable endeavours to make our services available to you at all times, however things beyond our control such as power outages or the performance of your IP connection to our service may disrupt the service we provide. Should there be an interruption in the power supply or ISP broadband outage, the Service will not function until power or the outage is restored, and may require the Customer to reset or reconfigure equipment prior to utilizing the Service.
2.3. EMERGENCY SERVICES- 111 DIALING. You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 111 dialling. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement. GBGAELECOM Internet strongly recommends that you keep another form of telephone (mobile or landline) to use during those periods when the service is not available. You acknowledge and understand that GBGAELECOM Internet’s liability is limited for any Service outage and/or inability to dial 111 from your line or to access emergency service personnel, as set forth in this document.
2.4. Unless otherwise agreed, we do not provide or support your internet connection. You accept that GBGAELECOM Internet might not be compatible with non-voice communications equipment such as alarms, fax machines, cable and medical alarms.

3. CHARGES AND PAYMENT

3.1. To use our payable services you must have a credit balance on your account and agree to use a Credit Card to deposit a credit balance onto your account. This can be done online at www.greaterby.co.nz or during the signup process. If the card expires, you close your account, your billing address changes, or the card is cancelled and replaced owing to loss or theft, you must advise GBGAELECOM Internet at once.
3.2. All services with GBGA\ Internet are pre-paid. You must maintain a positive balance to be able to use the service. We will bill all fixed charges monthly in advance. Any usage charges will be billed in increments that are rounded up to the nearest minute. Customers are responsible for making payment to keep their accounts up-to-date in accordance with the account status.
3.3. All rates and fees are in NZ Dollars. We reserve the right to change our rates from time to time and if we increase any rates we will give you as much notice as reasonably possible. The latest rates are available on our websitewww,greatebay.co.nz
3.4. You are responsible for your account and must pay our charges regardless of whether you or someone else uses those services.
3.5. If you wish to raise a billing dispute you must notify us in email within 30 days of your account being debited or you will be deemed to have waived your right to a refund.
3.6. REFUND POLICY No refunds will be provided for any unused credit balances. A credit balance for an account that has been inactive for 6 months will be lost. GBGA Internet will refund call charges if it can be demonstrated that the customer has been incorrectly charged. If a customer upgrades or downgrades the service plan, there is no refund for the portion of the monthly and DID fees. For an existing GBGA Internet customer to change the service plan/account, the changed service/plan shall be treated and charged as a new and separate service.
3.7. Credit card details are sent securely to our credit card processing partners and credit card numbers will not be stored by us.
3.8. Payments are processed through the secure DPS Payment Express system. Payment Security is managed through DPS for mutual security. Encryption protection is managed with an SSL (Secure Socket Layer) certificate, industry standard 128bit encryption software. Any credit card details stored for payments are done so on the DPS system. We do not hold customers credit or debit card details on file.
3.9. Any installation, maintenance or support fees for broadband or voice services incurred by the customer including but not limited to Fibre installation costs, fibre maintenance or relocation charges must be paid by the customer in full. This includes ‘no fault found’ fees when a customer asks for a technician to visit their site to fix a fault which is discovered to be a problem with the customer’s equipment. Please also note that some broadband installations will require additional work to connect the customer and sometimes a new ‘ONT’ device will need to be installed and these charges will be passed on to the customer in full.

4. USING OUR SERVICES

4.1. You must not use our services (or permit our services to be used) in a way that: breaks any laws or infringes anyone’s rights or in a way which is malicious, obscene or offensive.
4.2. You agree to provide us with accurate and correct information so we can provide you with the necessary services or contact you if required from time to time.
4.3. We can suspend or restrict the services we provide you at any time if:
i) you resell any of our services;
ii) you do not use the service sensibly and within our reasonable use guidelines set out in 4.4 below;
iii) we believe that you have breached any of our terms and conditions.
4.4.It is important to GBGA Internet that all eligible GBGA Internet customers are able to access our services. For this reason, and to ensure the provision of quality and reliability of our services, a Fair Use Policy applies to all our services and plans. We reserve the right to vary the terms of this Fair Use Policy from time to time. If you use the service in a way that is inconsistent with the normal use for your service or plan we may:
i) monitor and investigate your usage; and
ii) suspend and/or withdraw the Service; or
iii) charge our standard per minute rate for additional calls
4.4 You must keep secure any password or PIN number which is used by you to access our services and ensure that is it not disclosed to any unauthorised person. You must also change your password or PIN number if we ask you to do so.
4.5. If your service is canceled, terminated or reallocated you will relinquish and discontinue use of any numbers, voicemail access numbers and/or web portals assigned to you by GBGA Internet.
4.6. GBGAELECOM Internet operate a Bring Your Own Device Service
i) Customers are responsible for safe-keeping of their GBGA Internet user name and SIP password used on the equipment they provide. GBGA Internet is not responsible or liable for any damage if this information is compromised in any way. The customer is solely responsible for the security of the phone system and hardware to prevent PBX hacking or Toll Fraud.
ii) GBGAELECOM Internet provides technical support service at best efforts only and cannot guarantee working of the service if the device /equipment is not supplied by GBGA Internet.
4.7 A reasonable usage policy applies for our line and account based calling bundles. Calling bundles are for standard ‘person to person’ calling and restricted to the use of a single organisation or individual. They are not to be resold onto other organisations or shared across multiple entities. Our calling bundles are not to be used for outbound call centres, automatic dialers, continuous call forwarding or any other activity we consider to be unreasonable use. For call centre customers, we have special calling bundles with attractive pricing plans. Please get in touch with us to discuss these options.

 

5. PHONE NUMBERS

5.1. Any phone number that we allocate to you does not become your property and does not constitute any transfer of property rights. Having said that if the number allocated to you is a portable landline number then you may port that number to an alternate provider at any time under the conditions laid out in section 5.4 below.
5.2. If we need to change your number we will send you notification by email and give you as much notice as possible.
5.3. We can withdraw or terminate any number at any time without liability.
5.4. You may be able to port your GBGA Internet number to another service provider. If you wish to do so you must contact the other service provider directly and you will be responsible for completing the Porting requirements of that service provider. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the porting of your number. You will be responsible for all costs associated with porting the number.
5.5. If your account is inactive for more than 6 months or canceled and you have not ported the associated phone number(s), we may at our sole discretion reallocate the number(s) associated with your account.
5.6. GBGAELECOM Internet does not provide Priority Assistance Service as defined in the Communications Alliance Industry Code ACIF C609:2007 “Priority Assistance for Life Threatening Medical Conditions”. The Code states ‘There are currently no regulatory obligations on providers other than Telstra that require the offering of Priority Assistance to Customers’.

6. TERMS

6.1. We can terminate this agreement, or the provision of any service to you, immediately if you breach any term of this agreement or if we reasonably believe that you have supplied incorrect or misleading information to us.
6.2. If this agreement is terminated for any breach or misuse of the service, you are not entitled to a refund for any credit balances on your account, unless agreed otherwise.
6.3. In order to terminate your service, you must email us at the following address support@greaterbay.co.nz Termination will not take effect until the end of your current prepaid month.
6.4. Our mobile phone plans (non VOIP) and services may have a minimum contract term (typically 12 months) and as such early termination fees (ETFs) may apply if the service is cancelled before this term is completed. Our ETF charges will be the remainder of the term applied as a lump sum payment against the next invoice.

 

7. LIABILITY

7.1. We exclude all of our liability to you in connection with us providing services to you or failing to provide services to you. Without limiting this, we are not liable to you (and nor are any of our officers, employees, contractors or agents liable to you):
i) if any communication is intercepted, not properly transmitted or received;
ii) for any disruptions or delays with the use of our services;
iii) for any incompatibility with other services;
iv) if any software we supply does not operate properly; and
v) for any equipment or network failures.
7.2. We are not liable to you for any fault in, delay or non-provision of services which is caused by an event beyond our reasonable control.
7.3. If you use another service provider during any period when our service is not fully operational, we are not liable to pay any amount you are charged by that service provider.
7.4. You acknowledge that no third party whose network or services we use to supply services to you (nor any officer, employee, contractor or agent of such third party) is in any way liable to you in connection with our services.
7.5. Nothing in this clause limits any rights you have as a consumer under the New Zealand Consumer Law.

8. PRIVACY

8.1. We will collect personal information from customers to provide and provision services, including but not limited to name, physical address, IP Address, email address, contact phone number and credit card information. We may share information collected with other companies that work on our behalf.
8.2. GBGA Internet is dedicated to keeping your details private. Any information, we collect in relation to you, is kept strictly secured. GBGA Internet will not review, share, distribute, or reference any such Customer Data except as may be required by law. Individual records of Customer Data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of the GBGAInternet Terms of Use or as may be required by law.
8.3. Any personal information we collect is kept at our offices. You are entitled to see any information we hold about you, although you must pay our reasonable charge for making it available.
8.4. Except where we provide private encrypted links, when transmitting voice and other communications via the public internet and third party networks we are not liable for any lack of privacy with the service.
8.5. We may record or monitor calls between us to verify information and for staff training purposes.

9. CHANGING THESE TERMS

9.1. We can change these terms from time to time by giving you as much notice as reasonably possible. We will inform you of any change to our terms by emailing you and by providing relevant information on our website. The latest terms and conditions are available at www.Greaterbay.co.nz

10. NOTICES

10.1. GBGA internet will communicate with you primarily via email. Notices to you will be sent to the email address specified by you during sign up for service or as subsequently specified by you as your contact email address. We may also obtain personal information from your use of our services.
10.2. If your contact email address changes you must advise us of the new details as soon as possible.
10.3. You agree that sending a message to your contact email address is the agreed means of providing notification. Notifications include information about the service, billing, changes to services and other information. You are required to read any email sent to your contact email address in a timely manner to avoid any potential disruption to your service.

11. OTHER MATTERS

11.1. These terms are to be interpreted in accordance with the law. The parties submit to the jurisdiction of the Courts and any court hearing appeals from those Courts
11.2. 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.
11.3. 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.

GBGA  PRIVACY POLICY

GBGA  (we, us, our) is committed to dealing with personal information in a way that meets or exceeds its privacy obligations, including under the Privacy Act 2020 (Act) and the Telecommunications Information Privacy Code 2020 (Code).

This privacy policy (policy) describes the types of personal information we collect, and how we use, disclose, and protect that information.

We may review and revise this policy from time to time, and may notify you about any changes to it by uploading a revised version on our website. Any changes will apply from the time we upload the revised policy.

What is personal information?

Personal information is information about an identifiable individual (a living, natural person). It includes information such as a name, address, phone number and date of birth, but does not include information about a business.

Who do we collect personal information about?

We collect personal information about individuals who interact (or might interact) with our business (you). This includes:

· Our customers (and other end users), including current, prospective, and past customers. We may also collect personal information about associates of our customers, such as family members, employees, or agents. For example, we may collect personal information about nominated or authorised representatives, the holder of a credit card that is used to pay a customer’s account, a person who acts as a secondary account holder, a person who acts as guarantor for a contract, the landlord of a tenanted property or the nominated contact on a business account

· Our suppliers, service providers and business partners, including their staff, agents, and affiliates

· Our staff, including staff of our related companies

· Visitors to our websites, social media pages and premises

If you supply us with personal information about another individual, you must have their consent to do so and should refer that person to this policy.

What types of personal information do we collect?

The types of personal information we collect depends on the nature of your interaction with us, and may include:

· Name, date of birth, email address, phone number(s) and residential address. For corporate and business customers, we may also collect information about nominated contacts including name and title or position, date of birth, phone number(s) and email and business addresses

· Purchasing patterns, consumer preferences and attitudes for marketing purposes, including to analyse markets, develop marketing strategies and to identify and develop products and services that may be of interest to our customers

· Payment details (such as credit or debit card, or direct debit details) provided when purchasing our products and services

· Employment applications from people applying for jobs with us

When you become (or apply to become) a customer, we collect a range of information to assess your application and manage your account(s). This may include:

· Proof of identity information, including passport number, driver licence number, or other government identifiers. We need this information to ensure you are who you say you are, and to keep our customer records accurate and up to date. We may also be required to obtain proof of identity information by law

· Financial and credit information, including credit history, employment history, remuneration details, bank account and credit card information, information about assets and income and details of relevant court judgments and bankruptcies. We need this information to assess your creditworthiness and financial suitability

· Information about your vulnerability or medical dependency. It’s important that you let us know if you (or anyone in your household) rely on power for critical medical support or are at particular risk of needing to contact emergency services. In these cases, we may require you to provide evidence of your vulnerability or medical dependency. For example, in the case of telecommunications, we may require supporting evidence that you are (or will become) at particular risk of requiring the 111 emergency service. Or, in the case of electricity, we may need information about medical conditions to ensure secure power supply for medical devices

· Information relating to occupancy. We may need information to establish your right to occupy the property to which we provide services, and for this purpose may request copies of tenancy agreements, mortgage records or utility bills or supply records

· Information relating to change of name or status, which may include marriage certificates, death certificates and other official documentation. We may need this information where we are asked to close or transfer an account

· Employment information, including information about your employment history (e.g. current and past employers). We may need this information to assess your financial position when you are applying to become our customer

· Insurance information, including information relating to the persons or items to be insured, claims history and previous insurance

If you choose not to provide any of this information to us, we may not be able to provide our products or services to you (or only provide them to you on a limited or restricted basis).

We also collect information about the way you use our products and services. This includes information about:

· service usage (including energy consumption patterns, use of communications services, internet usage etc)

· responses to offers made and/or promotions run by us or our related companies

· payment patterns and history

· inquiries and complaints, including notes and recordings from your calls or other interactions with our customer service team

If you enter our premises, we may require you to provide information to verify you meet any relevant government health requirements or company policies (e.g. evidence of your vaccination status and/or negative test results). If you choose not to provide this information, you may not be able to enter our premises.

How do we collect personal information?

We collect information directly from you (where possible) and indirectly from our related companies, agents, service providers and other third parties. We may collect this information:

· through our websites, apps and customer support platforms (including through cookies and other analytics tools)

· through social media platforms and third-party login providers such as Twitter, Facebook, Instagram and LinkedIn, including when you interact with our social media accounts or use third-party login providers to sign in to our online services (information we collect may include your email address, profile photo and a login token, but never your password – you can contact the Privacy Officer if you would like to request deletion of this information)

· through our call centres

· through our door to door sales activities

· through our network equipment (e.g. through electricity smart meters)

· from our wholesale service providers (e.g. local fibre companies and electricity distributors) and our wholesale customers and partners (e.g. other retail service providers who resell our services to end users)

· from credit reporting agencies

· from your other service providers, when you transfer (port) your services to us;

· when you visit our premises (e.g. electronic sign in systems)

· when you make an inquiry at a kiosk, dealer, or event, which is operated by or on behalf of us

· from other customers or third parties who refer your details to us

· through the purchase of marketing lists, databases and data aggregation services

· from other public sources (including public registers)

When you apply to become our customer, we may ask you to consent to us collecting information from particular third parties. We will only collect personal information from those parties if you consent. If you do not consent, we may not be able to provide the product or service you require. In some cases, we may be authorised to collect some personal information from third parties by law.

We also handle any unsolicited personal information we receive from you in accordance with our obligations under the Act.

How do we use personal information?

We use personal information for a variety of legitimate business purposes, including:

· to process customer applications (including to verify customers’ identities)

· to provide our products and services to customers

· to undertake credit checks

· to bill and collect money from customers, including authorising and processing credit card transactions

· to respond to customer communications (including inquiries and complaints)

· in relation to marketing our products and services, including contacting you electronically (e.g. text or email) unless you have unsubscribed from receiving electronic messages from us

· to improve our products and services (including our customer service)

· to manage and secure our systems and networks, including to monitor activity that may threaten network security or integrity

· to improve or personalise customers’ experience on our websites and third party websites, including through targeted advertising

· to conduct research and statistical analysis (on an anonymised basis)

· to protect and/or enforce our legal rights and interests, including defending any claim

· for any other purpose authorised by the Act or the individual concerned

Who do we disclose personal information to?

We may disclose personal information to our related companies, and to a range of third party agents, service providers and partners who we engage in relation to our products and services. These may include:

· Sales & marketing agents, representatives and partners, including in relation to marketing our products and services

· Organisations that process banking and payment transactions, including for the purpose of processing your credit/debit card and direct debit payments

· Our wholesale service providers (e.g. telecommunications network operators, local fibre companies and electricity lines companies) including for service, account and network management, provisioning, interconnection, entitlement, safety, and fault management purposes

· Your other service providers, including for the purposes of verifying and completing any transfer (port) of services between us and those other service providers

· Printers, mail distributors, couriers and dispatch centres for the purposes of communicating with you and delivering products to you

· Third party call centres, where we have subcontracted any of our customer service or marketing operations

· IT service providers and data managers

· Public directories (e.g. White Pages)

· Credit reporting and debt collection agencies, including for the purposes of credit checking and reporting, and for recovering overdue debt

· Our professional advisors, including our legal, accounting, insurance and business advisory consultants

We may also disclose personal information to:

· Government agencies, including for the purposes of assisting in the government response to a national emergency, and for establishing or verifying eligibility for concessions and similar entitlements

· Dispute resolution agencies (e.g. TDR), for the purpose of complaint management and dispute resolution

· Emergency services, including for the purpose of assisting emergency services to more quickly locate people at risk of harm

· Law enforcement (e.g. Police), for law enforcement or security purposes

· Third parties:

§ in relation to any (actual or potential) merger, acquisition, reorganisation, bankruptcy or insolvency of our business;

§ to assist with the prevention of fraud; and

§ otherwise if allowed or required by law.

Some of the businesses that support our products and services may be located overseas, which means your personal information may be transferred to, or accessed from, countries other than New Zealand. We take reasonable steps to ensure that we only disclose personal information to an overseas person or entity if we believe, on reasonable grounds, that the overseas recipient is subject to privacy laws (or is otherwise required to protect the information in a way) that, overall, provide(s) comparable safeguards to those in the Act. The Act also provides other limited grounds for us to disclose personal information overseas.

How do we protect personal information?

We recognise the importance of protecting your personal information, and ensuring that it is complete, accurate, up-to-date and relevant.

When you call us in relation to your account or service, we complete an ID check to verify your identity and to check the details we hold about you are correct and to update them if required. For some safety critical information (e.g. medical information required to maintain secure power supply or ensure priority assistance) we initiate checks on a regular basis.

We have processes for verifying personal information collected for particular transactions, such as proof of occupancy, change of occupier and priority assistance. Our staff are trained to properly handle the different types of information they receive, particularly sensitive information. We have quality assurance measures in place to monitor calls to ensure that our processes are being followed.

While some of the personal information we collect is held in hardcopy form, most personal information is stored in electronic databases.

We have extensive security safeguards in place to ensure that our information systems and files are protected from loss, unauthorised access, use, modification or disclosure, or other misuse. We also have documented procedures governing our response in the event of an actual or suspected privacy breach.

How can you access and correct your personal information?

You have the right to request access to your readily retrievable personal information and to request a correction to your personal information. Before you exercise this right, we will need evidence to confirm that you are the individual the personal information relates to.

We generally respond to access/correction requests within 20 working days but will let you know if we expect the process to take longer than that. If we have justifiable grounds under the Act for refusing your request, we will tell you what those grounds are. For correction requests, if we think the correction is reasonable and we are reasonably able to change the personal information, we will make the correction. If we do not make the correction, we will take reasonable steps to note on the personal information that you requested the correction.

We may charge you our reasonable costs of providing you copies of your personal information or correcting that information.

Internet use and cookies etc

While we take reasonable steps to maintain secure internet connections, if you provide us with personal information over the internet, the provision of that information is at your own risk.

If you post your personal information on a public area of our websites or social media pages, you acknowledge and agree that the information you post is publicly available.

If you follow a link on our websites or social media pages to another site, the owner of that site will have its own privacy policy relating to your personal information. We suggest you review that site’s privacy policy before you provide personal information.

We may also use:

· Cookies (an alphanumeric identifier that we transfer to your computer’s hard drive so that we can recognise your browser) to monitor your use of the website. There are two types of cookies that may be stored locally on your device – “first party” (directly from our digital properties) and “third party” (from advertisers and analytics organisations). You may disable cookies by changing the settings on your browser, although this may mean that you cannot use all of the features on our websites;

· Testing tools to serve different content and advertising to visitors of our website(s). To do this we set a Google cookie and may also update information stored in our existing website cookies to allow us to display consistent content;

· Tracking and optimisation tools to help us understand how customers are interacting with our digital properties. This includes collecting information on clicks, mouse movements, time spent on a page and how customers interact with our various sign up forms and fields.

· Property data (based on the address you enter during the sign up process) from your local council, other authority or third party provider to attempt to determine certain characteristics (e.g. size, location) of the address you have selected for services to help confirm the availability of, and tailor, the services we offer to you.

When you are signing up to products or services on our digital platforms and add items to your cart, we may store this data locally in your browser’s local storage. This is used both to help complete the transaction and, in some cases, to allow you to resume your order where you had left off. This data may include the item(s) you had added to your cart and any selections you have made during the sign-up process. It can also be used for remarketing activity, which might include contacting you with a specific offer, offering assistance to complete our sign-up process, or to allow us to target specific digital advertising to you on other websites you visit.

Further information and complaints

If you have any privacy-related questions (including requests for access or correction to your personal data) or would like to make a complaint, you can contact us at:

Privacy officer

Attention:

Privacy Officer

Email:

privacy@greaterbay.co.nz

If you are contacting us about a complaint, the Privacy Officer will investigate your complaint and notify you of the outcome in accordance with the Act.

If you disagree with our decision, you may refer your complaint to the Office of the Privacy Commissioner by visiting https://www.privacy.org.nz/your-rights/making-a-complaint/.Terms & Policies