Mobile Terms and Conditions


Mobile Roaming Terms & Conditions

  • (Terms used in these Orcon Roaming terms and conditions are defined in the Orcon Mobile Terms and Conditions on our website)
    • (a) You can use your Mobile Device in other countries. We call this “roaming”. For a list of the countries in which you can use roaming services, please contact our Help Desk or visit our Website. If you would like the ability to use your Mobile Device in any roaming country then you should contact our Help Desk. Your request for this will be subject to you meeting our credit criteria. A set up fee may apply. You must provide us with your credit card details and we may also ask you to pay a non-interest bearing deposit or impose a credit limit and roaming may be limited to a specific period of time. All charges incurred in relation to your Mobile Device or SIM card in any of these countries will be deducted from your nominated credit card (if your application is accepted by us) or will be charged to your account, at our option. Subject to the Orcon terms and conditions and your meeting our credit criteria, we will enable roaming within 48 hours of receiving your request. You acknowledge that service outside of New Zealand is provided by external carriers and is subject to those carriers' terms and conditions in addition to the Orcon terms and conditions.
    • (b) External carrier terms and conditions: The Terms and Conditions on which you may use overseas networks will depend on the country you are visiting. The Terms and Conditions of those other Network Operators will apply in addition to ours. Please see our Roaming Terms and Conditions displayed on our Website for more details.
    • (c) Charges: Unless otherwise advised, from time to time all outgoing calls are charged at airtime rates based on the charges from the external carrier. This airtime rate will vary from carrier to carrier. International rates will also apply where you make international calls (including calls to voicemail). Charges may change without prior notice and all prices are indicative only. If your pricing plan includes monthly minutes, these minutes do not apply to roaming charges. 0800 (1800) and other special numbers may be charged for by external carriers. TXT messages sent while roaming have a surcharge applied by the external carrier. The surcharge rate will vary from carrier to carrier. Incoming calls are charged at the international rate applicable at the time the call is made to you. Some external carriers may add an incoming call rate from the time you answer the call. You agree that all charges incurred while roaming will be charged to your monthly statement. You agree to pay all charges in full when they are due. (There may be delays in Orcon receiving notice from external carriers of charges to be billed to you. This does not affect Orcon' right to charge you or receive payment from you.).
    • (d) Promotions: Promotional offers may not apply to you while you are roaming. If you are in doubt please call the Orcon Help Desk before you leave New Zealand for specific promotion details.
    • (e) Liability: As roaming involves services provided by parties other than Orcon, you agree that we will not be responsible for the way in which any external carrier provides or fails to provide any service (including disconnection lack of coverage or the performance of that carrier's network).
    • (f) Acceptance: You will be taken to have accepted these terms and conditions as soon as you start using roaming.
    • (g) Data Roaming: If you wish to register for and use our data roaming service then the following provisions will apply in addition to, and without limiting, the other terms and conditions set out in this clause. Before travelling overseas you must have the a credit arrangement with us in place in order to receive roaming and/or data roaming services. You must have a data capable device connected for overseas data roaming. You agree to be charged for using data roaming at the rates set out by external carriers advertised by us, either on our website or via other means from time to time. While we frequently update the website, we accept no liability for fluctuating prices with overseas carriers. We recommend you check on pricing with overseas networks at the time of roaming. You acknowledge costs are measured on data volume. The speed at which a device receives data impacts volume and therefore price. Since overseas networks vary their data speeds ensuing charges will relate to the amount downloaded rather than time spent online.

Mobile Terms And Conditions

  • 1. Interpretation

    • “Add-Ons” means monthly tariff bundles.
    • “Agents” means any contractors, providers, dealers or agents appointed by Orcon to perform any of Orcon’s obligations under this Agreement.
    • “Agreement” means these Terms and Conditions between us and you, the Orcon General Terms and Conditions and any other applicable Orcon terms and conditions.
    • “Bill” means either a paper statement of your Charges or an Online Bill.
    • “Charges” means all monthly access charges, services costs and usage call charges payable in accordance with the Orcon Mobile Plan and any additional charges payable by you. All prices unless otherwise stated, include GST (if any).
    • “Help Desk” means the Orcon Help Desk, which is contactable on 0800 13 14 15 or call 231 from your Mobile Device.
    • “Fair Use Policy” has the meaning set out in these Terms and Conditions and is published on our Website and updated from time to time.
    • “Mobile Device” means a mobile phone or other telecommunications device but not Equipment.
    • “Mobile Device Subsidy” means the subsidy provided for the purchase of a Mobile Device in accordance with certain Orcon Mobile Plans to eligible customers as set out on our Website and as amended by Orcon from time to time.
    • “Network Operator” is any entity with whom we have entered into an interconnection agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between us and that entity.
    • “Notification” means either (a) a paper statement sent to you of your Charges; or (b) a text message to you that your bill is payable by you; or (c) an email to you that your bill is payable by you.
    • “Online Bill” means an electronic statement of your Charges accessed by you through My Orcon on our Website.
    • “Payment” means crediting your Orcon account (or to the Orcon account of another Orcon Mobile Customer by any means made available by us from time to time).
    • “Orcon Mobile Plan(s)” are your chosen voice, airtime, data and access rates which form part of this Agreement. Pricing Plans are published on our Website.
    • “Re-direct” means a re-direction of all calls being made from a Mobile Device which may end access to all Services until the re-direction is lifted.
    • “Services” means the telecommunications services and related products and services that are made available to you by us or our agents from time to time.
    • “SIM Card” is the subscriber identity module needed to operate your Mobile Device and through which you are connected to our network, and includes any SIM Card issued to you by us.
    • “Telecommunications Service Provider” means a provider of telecommunications services to the public in New Zealand.
    • “Users” means identifiable individuals who use the Services.
    • “Website” means our website at http://www.orcon.net.nz
    • “we” or “us” means Orcon Internet Limited and “our” has a corresponding meaning.
    • “you” means the Orcon account holder under this Agreement and “your” has a corresponding meaning.
  • 2. This Agreement

    • (a) If you have an Orcon Mobile connection then you will need to read these terms and conditions which govern our relationship with you for the provision of the Orcon Mobile Services. You will also be bound by the Orcon General Terms and Conditions and any other specific terms and conditions in relation to the Orcon Services you use.
    • (b) This Agreement begins when we set up your connection to our Services to be available for your use until it is terminated in accordance with the General Terms and Conditions or these terms and conditions.
  • 3. Coverage and Services

    • (a) While we will do our best to provide quality Services, because of the nature of mobile telecommunications, it is impossible to provide a fault-free service and the quality and coverage of the Services depends partly on your Mobile Device, partly on our network and partly on other providers and telecommunications networks to which our network is connected or connects, therefore coverage and services are not guaranteed to be fault free or continuous. Coverage and Services can be adversely affected by radio interference, atmospheric conditions, geographic factors, network congestion, maintenance, outages on other networks and provider sites, the configuration or limitations of your, or your intended recipient’s, Mobile Device or other operational or technical difficulties which means that you may not receive some or all of the Services in certain areas or at certain times.
    • (b) Coverage and Services can also change with network expansion or reconfiguration.
    • (c) Voice messaging is part of the Services we provide. You are responsible for changing the PIN from the preset number and setting your own PIN access for the voicemail service and keeping that information confidential. You are responsible for all access into and out of the voicemail service and for any Charges incurred as a result, whether or not you reset the PIN access. In the interests of others, we must limit the number and duration of messages that can be left on your voicemail service. You are also responsible for setting your own password(s) for access to any email services made available to you through the Services and for keeping that information confidential.
    • (d) You acknowledge that we do not support Voice over Internet Protocol (“VoIP”) and that we can provide no assurance that currently available access levels may be maintained.
    • (e) The Services may be changed, modified, advanced, suspended or removed by us. We will try to notify you before doing this or introducing substitute or new Services. If any of our new Services require new or upgraded mobile devices or equipment, you will be responsible for obtaining that new or upgraded Mobile Device.
    • (f) You agree to follow our instructions about the use of the Services and ensure that everyone who uses your Mobile Device also meets your responsibilities when using your Mobile Device. You agree to keep us protected against any legal action taken against us and to meet any losses we may incur as a result of such use of the Services. You are responsible if anyone else, whether authorised by you or not, uses or misuses your Mobile Device or our Services.
    • (g) You agree not to use your Mobile Device or the Services for any abusive, illegal or fraudulent purpose.
    • (h) We can require you to stop using any SIM card or Mobile Device immediately if we believe that it could cause any interference, you have used it to spam other users or are sending an excessive number of calls, texts or other messages, or if it is not approved by us for use on our network or in connection with any of our services. You must not use any Mobile Device which masks or in any way alters the true origination or termination of any call or other transmission.
    • (i) Using or agreeing to use the Services does not give you any rights, in any part of the Services. You must not resell, in any way whatsoever, the whole or any part of the Services.
    • (j) You agree that if you do not use your Mobile Device in accordance with these conditions we may restrict or suspend your use of the Services.
    • (k) If your Mobile Device is stolen or you lose it, you must contact us immediately so that we can prevent further calls being made from it. You will be responsible for all calls made or Services accessed from your Mobile Device up to the time you advise us of its loss or theft.
    • (l) The integrity or quality of the data or information you send or receive via the Services (including PXT or data files) may be affected or compromised due to the configuration of our network, the use of the internet, or other device.
    • (m) When you are connected to the Services, your connection may have been programmed so that you are restricted from using overseas networks and from making international calls or 0900 calls. If you would like to have the restriction removed, you should contact our Help Desk. We may agree to remove the restriction after making credit status checks and we may ask you to pay a non-interest bearing deposit, impose a mandatory credit limit or ask for authority to debit payments from your credit card as security against any moneys you may owe us in the future. The Terms and Conditions on which you may use overseas networks are set out in the Clause 5 – Roaming, below and are repeated in Orcon’s Roaming Terms and Conditions on our Website.
  • 4. Fair Use Policy

    • All Mobile Services are subject to our Fair Use Policy. We may apply our Fair Use Policy where in our reasonable opinion your usage of our Services is excessive and/or unreasonable as detailed in this paragraph. We have developed our Fair Use Policy by reference to average customer profiles and estimated customer usage of our Services. If your usage of our Services materially exceeds estimated use patterns over any month, then your usage will be excessive and/or unreasonable. If your usage is excessive and/or unreasonable we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter your usage to come within our Fair Use Policy. If your excessive or unreasonable usage continues after receipt of a request to stop or alter the nature of such usage, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your usage; suspend, modify or restrict your use of then Services or withdraw your access to the Services.

     

  • 5. Roaming

    • (a) You can use your Mobile Device in other countries. We call this “roaming”. For a list of the countries in which you can use roaming services, please contact our Help Desk or visit our Website. If you would like the ability to use your Mobile Device in any roaming country then you should contact our Help Desk. Your request for this will be subject to you meeting our credit criteria. A set up fee may apply. You must provide us with your credit card details and we may also ask you to pay a non-interest bearing deposit or impose a credit limit and roaming may be limited to a specific period of time. All charges incurred in relation to your Mobile Device or SIM card in any of these countries will be deducted from your nominated credit card (if your application is accepted by us) or will be charged to your account, at our option. Subject to the Orcon terms and conditions and your meeting our credit criteria, we will enable roaming within 48 hours of receiving your request. You acknowledge that service outside of New Zealand is provided by external carriers and is subject to those carriers' terms and conditions in addition to the Orcon terms and conditions.
    • (b) External carrier terms and conditions: The Terms and Conditions on which you may use overseas networks will depend on the country you are visiting. The Terms and Conditions of those other Network Operators will apply in addition to ours. Please see our Roaming Terms and Conditions displayed on our Website for more details.
    • (c) Charges: Unless otherwise advised, from time to time all outgoing calls are charged at airtime rates based on the charges from the external carrier. This airtime rate will vary from carrier to carrier. International rates will also apply where you make international calls (including calls to voiceMail). Charges may change without prior notice and all prices are indicative only. If your pricing plan includes monthly minutes, these minutes do not apply to roaming charges. 0800 (1800) and other special numbers may be charged for by external carriers. TXT messages sent while roaming have a surcharge applied by the external carrier. The surcharge rate will vary from carrier to carrier. Incoming calls are charged at the international rate applicable at the time the call is made to you. Some external carriers may add an incoming call rate from the time you answer the call. You agree that all charges incurred while roaming will be charged to your monthly statement. You agree to pay all charges in full when they are due. (There may be delays in Orcon receiving notice from external carriers of charges to be billed to you. This does not affect Orcon' right to charge you or receive payment from you.).
    • (d) Promotions: Promotional offers may not apply to you while you are roaming. If you are in doubt please call the Orcon Help Desk before you leave New Zealand for specific promotion details.
    • (e) Liability: As roaming involves services provided by parties other than Orcon, you agree that we will not be responsible for the way in which any external carrier provides or fails to provide any service (including disconnection lack of coverage or the performance of that carrier's network).
    • (f) Acceptance: You will be taken to have accepted these terms and conditions as soon as you start using roaming.
    • (g) Data Roaming: If you wish to register for and use our data roaming service then the following provisions will apply in addition to, and without limiting, the other terms and conditions set out in this clause. Before travelling overseas you must have the a credit arrangement with us in place in order to receive roaming and/or data roaming services. You must have a data capable device connected for overseas data roaming. You agree to be charged for using data roaming at the rates set out by external carriers advertised by us, either on our website or via other means from time to time. While we frequently update the website, we accept no liability for fluctuating prices with overseas carriers. We recommend you check on pricing with overseas networks at the time of roaming. You acknowledge costs are measured on data volume. The speed at which a device receives data impacts volume and therefore price. Since overseas networks vary their data speeds ensuing charges will relate to the amount downloaded rather than time spent online.
    • (h) Further terms: For the avoidance of doubt, Orcon may include any further terms and conditions in addition to those stated above in any contract that Orcon has with a Orcon End Customer for the provision of Orcon Mobile Services.
  • 6. Security

    • (a) You must keep your Mobile Device and SIM card secure at all times. We recommend that you use PIN and other access code features provided with your Mobile Device, the SIM card, or the Services, to ensure that only you are able to access and use the Services, and no one else. You must keep all such PIN codes confidential at all times.
    • (b) If your Mobile Device or SIM card becomes lost or stolen, or is otherwise not in your possession you must contact our Help Desk immediately so that we can prevent further calls being made from it. This is important as you will be liable for all charges for calls made, messages or other content sent, or Services accessed using that SIM card or your voicemail up to the time you advise us of its loss or theft. We are not liable for any loss to you, as a result of the loss of, theft of, damage to, or unauthorised use of, your Mobile Device or SIM card.
    • (c) Some Services are available via the internet or other systems operated by third parties and, although we will endeavour to maintain the security of information, we cannot guarantee that information you receive or supply when using the Services will be secure at all times. You acknowledge that we are unable to exercise control over, and make no representations or warranties concerning, the security or content of data or information passing over our network, any systems operated by third parties, and the internet.
    • (d) If the PIN request function is activated on your Mobile Device and the PIN is entered incorrectly three times in a row, the SIM card will automatically block. To unblock the SIM card you will need the PUK code which was provided to you when you received your SIM card. You can obtain this code by calling our Help Desk. You will be required to answer security questions before the PUK code can be released to you. If you continue to block your Mobile Device by incorrectly entering the PIN or by entering an incorrect PUK code you may destroy the SIM card and lose names and numbers stored on the SIM card. You will then be required to purchase a new SIM card which comes with a new PUK code.
    • (e) We will not be responsible for any harm you suffer from a virus or other manipulating program which infiltrates your Mobile Device, whether it was transmitted via the Services or otherwise. In accordance with paragraph 6(a) you remain responsible for all Charges applied to your account for the use of any Services activated by such a virus or program.
  • 7. Charges

    • (a) Each call is charged at the rate which is applicable when the call is commenced. There may be additional charges for data and other services. We will not be liable for any loss you suffer as a result of your assumption that a particular number is on a particular network (e.g. that an 021 number is held by a Vodafone customer).
    • (b) You are responsible for all Charges and for calls made using the SIM card(s) issued to you until we deactivate the SIM card(s). Removing your SIM card from your Mobile Device will not deactivate the SIM card. Please contact the Help Desk immediately if you lose or damage your SIM card or if it is stolen so that it can be restricted or deactivated. We may charge you a replacement fee unless we are at fault.
    • (c) If you require us to provide you with technical support, or administration services (including, as applicable, service suspension, call barring, call redirection), we may charge you for the costs we incur in carrying out these services. If you require prior notification of our current Charges please call our Help Desk.
  • 8. Plans

    • (a) You may choose to change from one Orcon Mobile Plan to another. If you change your Plan it is up to you to check what, if any, special Terms and Conditions there may be for the different Plans or if there is any fee for changing your Plan. You may contact our Help Desk or visit our Website to obtain information about Mobile Plans.
    • (b) If you downgrade your Orcon Mobile Plan within three months of signing up to such Plan you must immediately reimburse Orcon for any Mobile Device Subsidy you received under that Plan.
    • (c) The included minute entitlement and any other entitlement in any Plan (including entitlements available under Add-Ons) as applicable:
      • (i) may not be carried over from month to month;
      • (ii) applies only to your applicable domestic airtime call rate and excludes (except where an Add-On specifies otherwise) tariffs applicable to such items as voicemail services, international calls, video calling, the non-cellular portion of 0900 calls, special numbers, 0800 or 0508 calls, and operator/directory assisted service;
      • (iii) cannot be redeemed for cash, phone equipment, early disconnection charges or other Charges and cannot be transferred or assigned;
      • (iv) expires on termination and any unused included minutes will be forfeited on disconnection;
      • (v) cannot be used if your Mobile Device is subject to Bar or re-direction or if you have exceeded your credit limit; and
      • (vi) is subject to any other conditions contained in a particular Pricing Plan.
    • (d) The included dollars entitlement in any Plan may not be carried over from month to month.
    • (e) There is a minimum one minute charge for each voice mobile call. After that your call gets charged by the second. If you call an 0900 or special number you will be charged the rate as published by the service provider of that number, plus your normal airtime rate.
    • (f) The charges for data and other additional services shall be as set by Orcon from time to time. You can contact the Help Desk or visit our Website for current details of such charges.
    • (g) You may purchase only one Add-On from within each Add-On category per month.
    • (h) If you are a new customer the Add-Ons you purchase will be pro-rated from the date of the purchase until the bill cycle date and thereafter align with your bill cycle.
    • (i) Once purchased, an Add-On will recur and be charged every month unless you notify us that you want it removed.
    • (j) If you notify us that you want an Add-On removed, the removal will be effected on the next bill cycle date.
    • (k) If you transfer from one Plan to another, your active Add-Ons will remain in place.
    • (l) If you are an existing customer and you add an Add-On service, this will become effective as of the next billing cycle.
    • (m) If you are connected to the Orcon Purple Mobile Plan and your account remains inactive for a continuous period of three months or longer, Orcon reserves the right to disconnect your connection and end this Agreement without telling you.
  • 9. Paying back your Mobile Device Subsidy

    • If, within twelve months of the commencement of your Orcon Mobile Plan, you terminate this Agreement or give us notice of your intention to terminate this Agreement or you downgrade your Orcon Mobile Plan, you will be liable to reimburse Orcon for the whole amount of any Mobile Device Subsidy received by you.A maximum of four Mobile Devices per Orcon Account will be allowed.
  • 10. SIM Card

    • Any SIM Card we issue to you remains our property. You must return it to us in good condition when your connection ends. We may charge you a fee if you fail to return the SIM card within 30 days after disconnection.
  • 11. Provision of Mobile Devices, Hardware and Additional Services

    • (a) If you have acquired a Mobile Device, Equipment or other mobile phone accessories from us or from one of our Agents, all claims in relation to those products are covered by the warranty, if any, offered by the relevant manufacturer.
    • (b) If you have acquired a Mobile Device from a source other than us or from a source not authorized by us as set out on our Website from time to time, for example from overseas or secondhand, and such Mobile Device does not support all of the Services offered by us, we are not under any obligation to take any action so that you can access any such services. Features, and access to content and Services, may vary between different Mobile Devices. We are in no way responsible if your Mobile Device is damaged as a result of unauthorised use on our Network, or if it does not work on our Network.
    • (c) We do not make any warranty as to the accuracy, completeness or currency of any content or material which you may access or have provided to you, using our Services. Where Services are provided by a third party we accept no responsibility or liability for their quality or the nature of their content.
    • (d) Content or material, which you may access or have provided to you, using our Services, is for your personal and non-commercial use only. You may not forward copy, reproduce, re-sell or distribute such content or material to any third party or interfere with it in any way. You acknowledge that this obligation is expressly for the benefit of our Agents.
    • (e) You agree that you are responsible for ensuring that you have the right to send all data and information that you send when using the Services. You acknowledge that we may alter any data or information that you send when using the Services in order to enable delivery of that data or information to the recipient.
  • 12. Restricted Use, Suspension, Termination etc

    • We can suspend, bar, re-direct or restrict your usage of any or all of the Services or disconnect your connection and end this Agreement without telling you if:
      • * Your usage of the Mobile Services is unusual or excessive;
      • * You have an Orcon Purple Mobile Plan and your Mobile account remains inactive for a period of three months or longer;
      • * You continue to use the Mobile Services in breach of our Fair Use Policy after we have contacted you to discuss your excessive usage;
      • * You tamper with or modify any SIM card other than in accordance with instructions given to you by us;
      • * We suspect you of using the Mobile Services for any illegal or fraudulent activity; or
      • * All of the Mobile Services are permanently or temporarily (for any reason) unavailable to you,
    • And all charges for any Mobile Services will be payable by you in accordance with this Agreement.
  • 13. Agents

    • (a) We shall be entitled to subcontract or delegate the performance of any of our rights or obligations under this Agreement but any such subcontracting or delegation will not relieve us from liability for performance of any such obligation. Without limiting this, we may appoint an agent to provide billing services (including credit checking and control) and Customer Services.
    • (b) Invoices issued by our Agent will be binding on you and payment of those invoices in full to our Agent will be a valid discharge of your liability to pay those invoices under this Agreement.
    • (c) Any Mobile Device supplied to you by our Agent has been supplied by our Agent acting in its own right and not as Agent of Vodafone. Vodafone accepts no responsibility for any matters relating to the Mobile Device supplied by our Agent;
    • (d) Our Agents can enforce those obligations expressed to be for their benefit in accordance with the Contracts (Privity) Act 1982.

Network Status

26/06/17 8:26 am

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