General Terms for Mobile Customers 2023

These General Terms together with the following documents record our relationship with you regarding the supply of mobile Services and/or Related Services (“the/this Agreement’):

your Application Form;
the applicable Special Terms (which govern your supply Plan);
any applicable Promotional Terms (which govern promotions we offer from time to time together with our supply Plans); and
any applicable Additional Terms relevant to the Services we provide you (e.g. roaming overseas and WiFi calling).

When you sign up for and use our mobile Services and/or Related Services, you agree to these General Terms, along with any Special Terms, Promotional Terms and Additional Terms that apply to the Service(s) you’ve chosen.

If you have any questions regarding your Account, your supply Plan, the Services or these General Terms, please call us on 0800 668 236, or 668 from your mobile, email us at info@novaenergy.co.nz or visit our Website.

Please note:

Certain policies referred to in these General Terms also apply to the provision and use of Services – e.g. our Privacy Policy and Fair Use Policy.
Capitalised terms used in these General Terms have the meaning given to them in the Definitions section at clause 34.
These General Terms do not apply to the supply of broadband or energy services or any related broadband or energy services (which have their own general terms available on our Website).
We may change this Agreement from time to time, and this may include changes to the price of the Services and/or the way you are able to use the Services. However, we will only make these changes as set out in clause 25 of these General Terms and will at all times comply with relevant laws and regulations in making any changes.

Becoming our customer
1. You may become our customer by completing an Application Form in a number of ways, including:
  1. in writing or online; or
  2. communicating with us or one of our authorised agents in person or over the phone.
2. We may choose not to accept your application if:
  1. you fail to meet any of our pre-acceptance criteria (for example, not having an acceptable credit status as determined by a credit check under clause 2, not meeting any eligibility criteria in the applicable Special Terms, or not providing us with all information we need to set up your Account); or
  2. you have a debt owing to us from a previous (or existing) account with us for another service (e.g., broadband, electricity, or gas).
3. Where you set up a new Account with us, we may transfer to your new Account any debt (including any collections and associated costs) owing to us by you (whether solely or jointly with any other person) from a previous (or existing) account with us.
4. You must be over 18 years of age and have a valid email address to apply for an Account. You must also hold a current New Zealand driver licence to apply for an Account online. If you do not have a current New Zealand driver licence, please call us to discuss what alternative forms of identification are accepted.
5. You, as the Account Owner, may appoint an Account Contact in respect of your Account (or certain aspects of it).
6. You, as the Account Owner, will be responsible for all actions and/or omissions of, and all Charges attributable to all nominated Account Contacts (if any) in respect of your Account, as well as all other End Users that use Services under your Account.
Credit check
1. The set-up of your Account and supply of mobile Services is conditional upon a satisfactory credit check being completed.
2. In some situations, we may elect not to credit check you before we set-up your Account (for example, where we already supply you with another service such as broadband, electricity or gas), in which case our obligation to supply you with mobile Services remains subject to us, at our sole discretion, being satisfied with the outcome of a subsequent credit check.
3. You authorise us to check your credit status with any credit reference agency or agencies as we see fit from time to time during the term of this Agreement, and to pass on information about you to any credit reference agency for that purpose. We do not accept responsibility for the accuracy of information we receive about you from any credit reference agency. You must contact that agency directly if you are dissatisfied with any information supplied to us.
4. We may decline to set-up your Account where you do not meet our credit criteria, including if you do not give us the names of any credit referees when we ask for them. We may also terminate your Account or refuse to provide any Service to you if you fail to meet any further credit check that we carry out after your Account is set-up. The way we establish our credit criteria is at our discretion, and we are not required to disclose our credit criteria or the reasons for any decision we make in respect of your credit status.
5. We may require a security deposit and/or impose other payment conditions on your Account such as a mandatory payment method or a credit limit during the term of this Agreement. If you ask for any additional Services to be added to your Account, we may:Where we impose any payment condition(s) on your Account, this will not be considered a change to the Services as stipulated by clause 25 and clause 25 will not apply.
  1. ask you to provide us with a further credit referee(s) and/or security deposit; and/or
  2. we may impose a credit limit or other payment condition(s) on your Account.
Duration of Agreement
1. Services under this Agreement will commence on the date we despatch a SIM card to you and Plan Charges will start on this date. Each SIM card is sent in an activated state so it is available for you to use immediately.
2. If you subscribe to Services on a Plan with no fixed term, this Agreement will continue on a month to month basis in respect of those Services (or Plan) until terminated by you or us in accordance with clause 21, or otherwise in accordance with this Agreement.
3. If you subscribe to Services on a Plan with a fixed term, then in respect of those Services:
  1. This Agreement will continue for the duration of that fixed term, which will include any period of suspension of your Account (unless that suspension was requested by you in accordance with clause 9, in which case the period of any such suspension will be added onto the fixed term).
  2. If you terminate this Agreement or end your fixed term Services before the end of the fixed term, you may have to pay early termination fees. Details of any applicable early termination fees are set out in the Special Terms of your Plan.
  3. On expiry of your fixed term, your connection to the Network will continue on the same terms and conditions except that this Agreement will continue on a month to month basis until terminated by you or us in accordance with clause 21, or otherwise in accordance with this Agreement.
Coverage
1. The Services are only available within the coverage of the Network.
2. We and our Network Provider will do our best to provide quality Services to you but there may be situations when the Services are not continuously available or the quality is affected, meaning we cannot guarantee continuous fault-free Service
3. Network coverage and our Services may be adversely affected by radio interference, geographic or atmospheric conditions, outages, maintenance works, over-loading, faults or limitations in your Mobile Phone or the mobile phone or other device of the person with whom you are communicating, faults or other operational difficulties in the Network or any other mobile telecommunications network to which the Network is connected, or other circumstances or factors not wholly in our or our Network Provider’s control. This means you may not receive all of the Services in all areas all of the time.
4. Coverage and Services can also change as our Network Provider continues to manage, build, develop and improve the Network. Managing the Network includes prioritising certain types of traffic over other traffic at times of congestion.
Our Services
1. The maximum length of any one mobile call you make is 180 minutes. If you reach this limit the call will be terminated. You can re-dial and continue the call should you wish to do so.
2. In order to receive the Services, you must set the “network selection” setting of your Mobile Phone to “automatic”. This is typically the default setting. We cannot guarantee the availability of Services to you if you fail to set the “network selection” setting of your Mobile Phone to “automatic”. If you require any assistance regarding the correct settings for your Mobile Phone, please contact Customer Care.
3. Not all Mobile Phones and devices can receive all of the Services and some Mobile Phones and devices may not be compatible with the Network. We only agree to provide Services to you when you use a Mobile Phone or device of a make and model that is compatible with the Network. You are responsible for obtaining a compatible Mobile Phone or other device or equipment required by you to use the Services.
4. If any Mobile Phone or other equipment supplied to you by someone other than us does not work properly, you need to contact the equipment supplier or manufacturer about the problem, which may be covered by the warranty (if any) offered by the relevant supplier or manufacturer.
5. We may restrict or prevent the use of voice over internet protocol (“VOIP”) or message over internet protocol (“MOIP”) communications on the Network, where your use of such communications could cause degradation or impact the performance of the Network.
6. The Services may be changed, suspended or removed by us and/or new Services introduced from time to time. If we do so, we will notify you in accordance with clause 25 and you may be entitled to end this Agreement in accordance with clause 25.
7. We can, at our discretion, impose credit limits for your use of the Services where you no longer meet our credit criteria or have failed to make any required Payments on your Account. We will try to notify you as soon as possible if we impose any such credit limits. We may restrict your use of the Services without prior notice if you exceed any credit limit. You remain liable for all Charges incurred in excess of your credit limit.
Your Responsibilities
1. You must:
  1. use the Services in the way described in our Fair Use Policy, applicable Special Terms, applicable Additional Terms or any other reasonable instructions issued by us; and
  2. ensure that each End User that uses the Services under your Account, whether authorised by you or not, meets your responsibilities under this Agreement.
2. You will be liable for any loss, cost, liabilities, and expenses that we may incur as a result of any breach of this Agreement by any End User acting under your Account, and any claim, suit or proceeding made or brought against us as a result of an End User’s use of the Services under your Account that is not in accordance with your obligations under this Agreement.
3. You agree not to use the Services to make abusive, offensive or nuisance calls or communications (including spam) or for any illegal, fraudulent or otherwise improper purpose. We may immediately cease providing Services to you if you do so.
4. You must not use any Mobile Phone which masks or in any way alters the true point of origin or termination of any call or other transmission over the Network.
5. Using or agreeing to use the Services does not give you any rights in any part of the Services. You must not resell (or otherwise deal in any way with) the whole or any part of the Services.
Information supplied by you
1. You agree that all information you provide to us in relation to your Account, including during the set-up process of your Account, is true and correct and you undertake to provide us with such factual information that we reasonably consider necessary from time to time. We reserve the right to request original documentation.
2. You must advise us when any of your personal information changes (for example if you change your name, email address, contact details or address) or any personal information changes in respect of any End User(s) as we may require from time to time.
3. If we suspect that information supplied to us is false, or that information about a person has been supplied without their knowledge or consent, we may delay the set-up of your Account, or suspend any affected Account or the Services, while we investigate. If we are satisfied there has been no breach of this clause 7, we will set-up the Account(s) or reinstate the Services. If we are not satisfied, we may immediately terminate this Agreement. You acknowledge that you will have no claim against us in respect of any delay or refusal to set-up your or any other Account, the termination of your or any other Account, or the suspension of your or any other Account or the Services as a result of this clause.
Privacy
1. Our Privacy Policy can be found on our Website. It sets out all you need to know about how we and our Network Provider may collect, use, disclose, store, and protect any personal information collected about you while providing you Services.
2. You agree we may monitor and/or record any phone call you make to us, to verify information in future or to help us maintain and improve our service quality. You also agree Content transmitted or accessed through our Services may be disclosed to third parties if required to do so by law (including under the Telecommunications (Interception Capability & Security) Act 2013).
3. You agree to obtain from each of the End Users listed on any Application Form their authorisation for the collection, disclosure, and use of personal information about him or her by us in accordance with our Privacy Policy.
Lost or Stolen Mobile Phone or SIM card
1. You must keep your Mobile Phone and SIM card secure at all times. If your, or your End User’s, SIM card is lost, stolen, damaged or destroyed or is used or likely to be used without your authority, then contact Customer Care immediately and request a complete or partial suspension of your Account and/or Connection. Once the suspension is applied, no further Services can be accessed by anyone using the affected SIM card and further usage Charges (e.g., roaming Charges) cannot be incurred under that SIM card on your Account. During any suspension of your Account and/or Connection you will still incur the relevant monthly Plan Charges.
2. If your (or your End User’s) Mobile Phone is lost or stolen, then as well as suspending your Account and/or Connection in accordance with clause 9(a), you can also blacklist the affected Mobile Phone by calling Customer Care. Once the Mobile Phone is blacklisted, no person will be able to use that Mobile Phone on the Network or another New Zealand mobile network. Mobile Phone blacklisting alone will not prevent further unauthorised use of Services or the accrual of further Charges under your Account (this means you must also suspend the SIM card under clause 9(a) to prevent unauthorised use of Services under your Account).
3. Once you or your affected End User has recovered the lost or stolen SIM card or Mobile Phone, you can request any suspension or blacklisting to be removed by contacting Customer Care.
4. You will be responsible for any Charges incurred on your Account up until the time you request we suspend your Account and/or Connection in accordance with clause 9(a). We are not liable for any loss you may suffer as a result of the loss, theft, damage, destruction or unauthorised use or misuse of your Mobile Phone or SIM card, unless they are in our care at the time.
5. During any suspension of your Account and/or Connection, you will remain liable for any outstanding Charges and any applicable Special Terms and Additional Terms will continue to apply to you.
6. If a SIM card associated with your Account is lost or stolen and your Account and/or Connection is suspended in accordance with this Agreement, we will, if requested by you, transfer your Account to a replacement SIM card issued to you by us. We reserve the right to charge a reasonable fee for any replacement SIM card issued to you and for completing any such transfer. Details of our replacement SIM card and transfer fees can be obtained by contacting Customer Care or visiting www.novaenergy.co.nz/fees.
Voicemail
1. Voicemail is one of the Services we provide.
2. You will be required to set up a 4-digit voicemail PIN to activate your voicemail account. Your voicemail PIN will be used by you to control access to your voicemail account. You are responsible for keeping your PIN and all other information relating to your voicemail account confidential at all times.
3. Un-played messages will be stored in your voicemail account for 30 days only and will then be deleted. Your voicemail account will be de-activated after 60 days of inactivity (i.e., where no messages are deposited or retrieved). We may also limit the length and number of messages which may be stored in your voicemail account.
4. You are responsible for all access to your voicemail account and for any Charges incurred (if any) as a result. See our Standard Rates for voicemail Charges, which are published on our Website.
Fair Use Policy
1. All of the Services we provide to you are subject to our Fair Use Policy set out on our Website. Please ensure you have read and understood our Fair Use Policy, which forms part of these General Terms.
Roaming Overseas
1. You can use your Mobile Phone in other countries. For a list of the countries, available Services and any specific roaming terms and conditions please see our Roaming Additional Terms.
2. The terms and conditions on which you may use overseas networks will depend on your Mobile Phone, your Plan entitlements, the country you are visiting and the terms and conditions of the Network Operators whose networks you connect to. The terms and conditions and charges of those other Network Operators will apply in addition to ours.
Plans
1. You will select your Plan as part of the application process for your Account.
2. If you terminate your existing Plan or change to another Plan, you will be liable for all Charges, including your monthly Plan Charge(s) for the current Charge Period (for example, if you terminate your Plan on 20 June you would be charged your full monthly Plan Charge, and any further Charges you incur under your Account, up to 30 June). Please note that early termination fees may apply.
3. The entitlements included in your Plan:
  1. cannot be redeemed for cash, phone equipment, early termination fees, other Charges or anything else, and cannot be transferred or assigned;
  2. expire on termination of this Agreement, at which point any unused entitlements will not be refunded or redeemed, and will be forfeited on disconnection by you;
  3. cannot be used if Services have been suspended by us or by you under this Agreement or if you have exceeded any credit limit applicable to your Account; and
  4. are subject to the Special Terms of your Plan.
Charges and Billing
1. The Charges for the Services we provide to you are set out in your Application Form and any relevant Special Terms and/or Additional Terms applying to any Add-on or other Service you consume.
2. All calls are charged by the minute, with part minutes rounded up to the next whole minute. Each call you make or other Service you use will be charged at the Standard Rate applicable when the call or your use of the Service commenced, unless specified otherwise in the Special Terms applicable to your Plan, Add-on, or other Service.
3. The Charges for the Services we provide may be changed by us and/or new Charges introduced from time to time. We will notify you of any changes we make, and you may be entitled to end this Agreement in accordance with clause 25.
4. The Charge Period for the Services is a calendar month. Your monthly Plan Charges for your first Charge Period will be pro-rated from the date your Account is set-up until the end of the first Charge Period. Add-ons commence on the date of purchase and Add-on Charges are included in your Bills. Charges for recurring Add-ons are included in each Bill from commencement until you end the Add-on.
5. If you have mobile Services only with us, your Billing Date will be the first business day of each month and you will generally be billed Charges in arrears. If you also have any other service with us (e.g., broadband, electricity, or natural gas), your Billing Date for mobile Services will be the same as your Billing Date for those other services. Any Charges you incur while roaming overseas may be billed several months in arrears.
6. We will send and/or make available to you (or, if applicable, to the Account Contact responsible for the billing in respect of that Account) your Bill on or about your Billing Date by email. We reserve the right to amend your Billing Date and to send you interim Bills.
7. Your Bill will include the amount payable by you for Charges incurred by you during the previous month, and the Due Date for payment.
8. You can view your Bills at any time by logging in to your account in the Nova Hub. Your most recent Bill will be available in the Nova Hub within 2 Working Days of your Billing Date.
9. You are liable for all Charges incurred under your Account, no matter who incurs them. For example, unless you have suspended your Account or a Connection under your Account in accordance with clause 9(a) where a SIM card belonging to your Account has been lost or stolen, you are responsible for the Charges relating to anyone else’s use of that SIM card. If you consider you have any unexplained usage and/or Charges that are outside your reasonable control, you can let us know within 1 month after you receive your Bill for such usage and/or Charges and we will investigate this for you.
10. If your Account is suspended or terminated due to non-payment (or other material breach of this Agreement by you), we reserve the right to charge you:
  1. for all Charges in the relevant Charge Period; and
  2. for any reasonable costs we incur to collect any overdue Charges from you.
11. At the end of this Agreement, we can use any remaining credit balance left on any of your Accounts with us or use any moneys we owe you to recover any outstanding Charges. We will refund you any unused credit or security deposits remaining on your Account after all outstanding Charges are paid.
12. If there is a mistake on your Bill, please let us know as soon as possible. In any event you must pay your Bill by the Due Date. If upon our investigation we find that there has been a mistake with your Bill, we will apply any correction to your next Bill.
13. If you use your Mobile Phone while you are overseas you will incur charges from the Network Operator(s) in the relevant roaming country. These charges will be reflected in your Bill. Please note that minute or other entitlements which may be included in any Plan or Add-on may not apply when you use your Mobile Phone overseas. Roaming charges will vary between Network Operators and may be subject to change from time to time. Please contact Customer Care or visit our Website for further information on roaming charges.
Payment
1. You must pay the amount set out in your Bill by the Due Date.
2. We reserve the right to require immediate payment of any Charges in excess of any credit limit applied on your Account or any usage in breach of this Agreement, including the Fair Use Policy.
3. If Payment (other than any Charges incurred in respect of any mobile repayment option) has not been made by the Due Date, we may charge interest on all sums outstanding at the Default Interest Rate until the date we receive Payment in full. Our right to charge interest is without prejudice to any other rights we have (including to charge default fees or debt collection costs).
4. We only accept Payment of your Bill by credit or debit card, direct debit, phone, and internet banking or by paying over the counter at any NZ Post or ANZ Bank branch (we do not accept payment by cheque or any other method).
5. Payment fees apply to credit/debit card payments and payments made over the counter as published on our Website.
6. We reserve the right to charge an administration fee for any late or dishonoured Payments.
7. If you do not pay any Bill by the Due Date we can, without prejudice to any other rights we have, suspend, bar, re-direct or restrict your use of all or any of the Services (including any unused minutes we may allow you to carry over from a previous billing period) without giving you prior notice. If we suspend, bar, re-direct or restrict the Services you will continue to be liable for all outstanding Charges, including Charges up to the end of your current Charge Period.
Consumer Guarantees Act
1. If you are acquiring the Services for the purposes of a business, or if you indicate to us you are doing so, then we both acknowledge and agree that:
  1. we are each ‘in trade’;
  2. any Services or Mobile Phones or other goods supplied to you and acquired by you under this Agreement are done so for a business purpose; and
  3. the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are excluded to the fullest extent permitted at law, and do not apply.
2. If you are acquiring the Services or any Mobile Phones or other goods under this Agreement other than for the purposes of a business, then you may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. If the Act applies to you, all rights that you have under it will apply in addition to the rights set out in this Agreement.
Liability
1. Our Network Provider has no obligations to you relating to Services set out in this Agreement.
2. At all times when using the Services, you are a customer of ours and not a customer of our Network Provider, regardless of any benefit, right or privilege conferred on you by the Network Provider. Our Network Provider excludes to the maximum extent permitted by law all liability to you arising from or in connection with the provision of the Services.
3. Our Network Provider accepts no responsibility or liability for any use of, or reliance on, the Services or their Content, or for any disruptions to, or any failures or delays in, the Services.
4. As a consumer, you have rights under consumer laws, including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. Nothing in this clause will affect any rights you have (or any obligations we owe you) under those.
5. Our liability to you:
  1. Except where we are liable to you under the Consumer Guarantees Act or the Fair Trading Act, we are not liable to you or anyone claiming through you for indirect, special or consequential loss, loss of profit, loss of revenue, loss of business or missed opportunity, loss of data, wasted expenditure or lost savings arising from or in connection with your use of the Services or otherwise in connection with this Agreement, including but not limited to:
    - your connection to the Network or the Content or any Service we provide to you;
    - failure, interruption, or delay in the supply of any Service (or any part of any Service) or any negligence in this regard;
    - the fitness of all or any of the Services for any particular purpose;
    - the inaccurate transmission of any call; and
    - your use of the Mobile Phone or any SIM card (whether authorised or not).
  2. We are not liable to you for any loss to the extent it is caused by you (for example, by your negligence or breach of contract).
  3. If we are found liable to you, our liability to you or anyone claiming through you will be limited to $5,000 for any event or series of related events, or $10,000 for a number of events within any 12-month period. For the purposes of this clause 17, references to “we” and “our” include our officers, employees, and agents, as well as any Network Operator.
6. Your liability to us:
  1. You are not liable to us for any loss to the extent it is caused by us (for example, by our negligence or breach of contract).
  2. You are not liable to us for indirect, special or consequential loss, loss of profit, loss of revenue, loss of business or missed opportunity, loss of data, wasted expenditure or lost savings arising from or in connection with your use of the Services or otherwise in connection with this Agreement.
  3. If you are found liable to us, your liability will be limited to $5,000 for any event or series of related events, or $10,000 for a number of events within any 12-month period. This limitation does not apply to your obligation to pay any Charges or mobile repayment option instalments, or for any loss or damage caused by fraud, wilful breach or wilful damage.
SIM card
1. Any SIM card we issue to you or which otherwise comes into your possession remains our or our Network Provider’s property. If requested by us, you must return it to us in good condition and within 30 days of termination of this Agreement and we reserve the right to charge you a reasonable fee if you fail to do so.
Content
1. We may monitor Content originating from you or accessed by you using the Services and remove any Content that we consider to be inappropriate, illegal or in breach of the rights of any third party. We are not responsible for any Content, or for any loss whatsoever that you may suffer in connection with your accessing any Content that does not originate directly from us. You also agree Content transmitted or accessed through our Services may be disclosed to third parties if required to do so by law (including under the Telecommunications (Interception Capability & Security) Act 2013).
2. You agree that you are responsible for ensuring that you have the right to send all Content that you send when using the Services.
Mobile Phone Numbers and Number Portability
1. We will allocate to you, or you may select from us (where this Service is available), a Mobile Phone Number, or it may be allocated to you by another Mobile Telecommunications Provider and Ported (to us) by you for use on the Network. Subject to the terms of this Agreement you have full rights to use the Mobile Phone Number allocated to you.
2. If you are Porting (to us) a Mobile Phone Number for use on the Network from another Mobile Telecommunications Provider, you confirm you have the authority to request the Porting of that Mobile Phone Number (or have the relevant consent from the individual who has the rights to that Mobile Phone Number to request the Porting of that Mobile Phone Number). You will be liable for any loss or damage resulting from breach of this obligation.
3. You may Port (away from us) your Mobile Phone Number to another Mobile Telecommunications Provider. If you wish to do so, you must contact the Mobile Telecommunications Provider to whom you wish to Port to and you will be responsible for completing the Porting requirements of that Mobile Telecommunications Provider.
4. We will comply with our obligations under the Terms for Local and Mobile Number Portability in relation to the Porting (away from us) of the Mobile Phone Number to the other Mobile Telecommunications Provider. You will be responsible for all costs associated with Porting the Mobile Phone Number.
5. Any Mobile Phone Number we allocate to you, or you select from us is not owned by you. We may change any Mobile Phone Number we have allocated to you or you have selected from us at any time, provided we give you notice in accordance with clause 25.
6. If we find the Mobile Phone Number you received from us for sale after the SIM card using that Number has been activated, we may disconnect your connection(s) to the Services without prior notice.
7. If you or we disconnect your Connection(s) to the Services, and you have not Ported (away from us) the Mobile Phone Number allocated to you by us or selected by you from us prior to disconnection, we may re-allocate the Mobile Phone Number to another customer.
Terminating this Agreement or Suspending Services
1. You may terminate your Account, any Service, Plan, or any Connection(s) to any Service (including by Porting (away from us) your Mobile Phone Number to another Mobile Telecommunications Provider), at any time and for any or no reason by contacting our Customer Care team. Please note early termination fees may apply (as set out in the Special Terms of your Plan) if you terminate prior to the end of any fixed term.
2. We may terminate this Agreement, your Account and/or terminate or suspend or restrict any connection(s) to a Service if:
  If/when we ever seek to terminate this Agreement, your Account and/or terminate or suspend or restrict any connection(s) to a Service under this clause 21(b), we will endeavour to provide you with up to 30 days’ advance notice (or as much notice as we can reasonably provide in the relevant circumstances). However, you acknowledge and agree that termination and/or service suspension for any of the reasons in clause 21(b)(i)-(iv) may be effected by us without advance notice.
  1. you make abusive, offensive or nuisance calls or communications (including spam), or use any of the Services in an offensive way;
  2. we reasonably suspect you of using the Services for any unlawful activity, including but not limited to fraud;
  3. you continue to use the Services in breach of our Fair Use Policy after we have requested that you cease doing so;
  4. you tamper with or modify any SIM card issued to you by us;
  5. you breach this Agreement (other than a breach specified in clause 21(b)(i)-(iv)) and either:
    1. we have notified you that you have breached this Agreement (including if you have failed to pay any Bill by the Due Date) and you have failed to remedy that breach within 14 days of such notice; or
    2. the breach is material and cannot be remedied;
  6. you fail to pass any credit check which we may reasonably consider necessary from time to time; or
  7. you become insolvent, or bankrupt, or make any arrangements with creditors or go into liquidation or become subject to an administration order or a receiver is appointed over any of your assets or if we have good reason to believe that you are unable to pay the Charges.
  If/when we ever seek to terminate this Agreement, your Account and/or terminate or suspend or restrict any connection(s) to a Service under this clause 21(b), we will endeavour to provide you with up to 30 days’ advance notice (or as much notice as we can reasonably provide in the relevant circumstances). However, you acknowledge and agree that termination and/or service suspension for any of the reasons in clause 21(b)(i)-(iv) may be effected by us without advance notice.
3. Where your Account and/or any Connection(s) to a Service is terminated by you or by us for a reason that is not due to an unlawful act or omission by us, nor due to a material breach of this Agreement by us, then you must pay us on termination:
  1. any applicable early termination fees set out in the Special Terms of your Plan;
  2. all other applicable Charges, including any Mobile Phone repayment balance and your monthly Plan Charge, up to the end of your current Charge Period (for example if you terminated your plan on 20 June you would be charged your monthly Plan Charge, and any other Charges you incur, up to 30 June); and
  3. any other moneys payable by you under this Agreement.
4. If you feel that we are in material breach of this Agreement with you (including by way of an unlawful act or omission) then you must give us written notice setting out the alleged breach in sufficient detail to allow us to investigate the alleged breach. If we are satisfied (acting reasonably and in good faith) that we have materially breached this Agreement with you, and we have failed to remedy that breach within 28 days of receiving your notice, then you may immediately terminate this Agreement. On termination you may remain liable for all, or a portion of your outstanding Charges as determined by us on a case-by-case basis.
5. Notwithstanding anything else in this Agreement, if you subscribe to Services on a Plan with no fixed term, we may terminate this Agreement and your Account for any reason by giving you not less than 30 days prior notice and in this case you will not have to pay an early termination fee (if one is applicable). You will only be required to pay any other outstanding Charges incurred up to and including the date of termination (which, for the avoidance of doubt, includes all remaining mobile repayment option instalments not yet paid which remain payable on the original dates agreed).
6. You acknowledge any Add-on benefits will be lost on termination of your Account for any reason.
7. If this Agreement and/or your Account and/or any Connection(s) to a Service is either suspended or terminated by you or by us for any reason:
  1. we may charge you a reconnection fee before you are able to recommence using the Services and you may need to buy a new SIM card;
  2. you may lose your allocated or selected Mobile Phone Number (unless you have Ported the Mobile Phone Number to another Mobile Telecommunications Provider);
  3. you may lose any data stored on your SIM card or contained in your voicemail account; and
  4. you must return your SIM card to us if we so request.
8. If your Account and/or any Connection(s) to a Service is restricted, you will be able to continue using the un-restricted Services and our usual Charges for those Services will continue to apply.
Survival
Each provision in this Agreement, which by its nature is intended to survive this Agreement, will remain enforceable until no longer relevant.
Liability of other Network Operators and Suppliers
We and our Network Provider have certain obligations towards other Network Operators and suppliers. Those persons (and their officers, employees, contractors, and agents) will not be liable to you or anyone else for any claims, costs, damages, losses or other liabilities of any kind arising in any way from the Services we provide or from your use of those Services. This clause creates an obligation for the benefit of other Network Operators and/or our suppliers and may be enforced or otherwise relied upon by them.
Intellectual Property
All rights (including copyright in the Services and their Content), belong to us, our Network Provider, or our licensed source, such as a Content provider. We and they reserve all our and their rights.
Changes to this Agreement
We may change this Agreement and/or vary any Service from time to time in accordance with this clause 25.
1. We reserve the right to make urgent changes to this Agreement at any time and without your consent to reflect any legal, regulatory or industry requirement or change affecting our product offerings or the conduct of our business generally.
2. We may also change this Agreement without giving you prior notice if we reasonably believe that a change is likely to benefit you or have no impact on you.
3. For any changes that increase your Charges or reduce your Plan benefits:
  1. we will give you 30 days’ notice before making that change; and
  2. if you are on a fixed term Plan and we make such a change, you can let us know if such a change would be detrimental to you. If we agree, acting reasonably and in good faith, you will be entitled to terminate your Agreement without any early termination fees.
Assignment
1. Assignment by you: You may assign your obligations under this Agreement with our prior written consent, which will not be unreasonably withheld.
2. Assignment by us: We may assign or subcontract this Agreement or parts thereof, including our obligations to supply you Services, to another company at any time without your consent, provided any such assignment is unlikely to have a materially detrimental effect on you, in which case we will advise you of:
  1. the details of the company to which the Agreement is being transferred;
  2. where you may access the information you need to contact that company; and
  3. when the transfer will take effect.
Waiver
No delay or failure to act is a waiver. No waiver is effective unless it is in writing.
Severability
In the event any term or provision of this Agreement is held to be invalid, unfair, void, or unenforceable, the remainder of this Agreement will not be affected, impaired, or invalidated, and each such term and provision of this Agreement will be valid and enforceable to the fullest extent permitted by law.
Force Majeure
We will not be liable for any delay or failure to provide the Services or any other delay or failure in meeting our obligations under this Agreement to the extent that such delay or failure is caused by any event outside of our reasonable control.
Delivery and Receipt of Notices
Notices are deemed to have been received by you 3 working days after being mailed by us or our agent, or on the day of transmission if sent by email.
Complaints
1. Our complaints process: If you have a complaint about the supply of Services under this Agreement, please contact us with any problems as soon as practicable. You can raise any complaints (including any disputed amounts owing to us) by contacting our Resolutions Team on 0800 668 236 or writing to us at PO Box 404 Whakatane 3158 or emailing complaints@novaenergy.co.nz. Our complaints process is free to use. We will acknowledge your complaint within 2 working days and will make every effort to promptly provide you with a satisfactory response. If we cannot resolve your complaint immediately, we will endeavour to do so within 20 working days.
2. Telecommunications Dispute Resolution Scheme: If you're not happy with a resolution proposed by our Resolutions Team, then you're welcome to contact the Telecommunication Dispute Resolution (TDR). The TDR is an industry-wide service that sets the standard for customer complaints. Nova is a member of the TDR and you can go to them if you're dissatisfied with any Nova resolution of a complaint. It won't cost you anything to do this, and the TDR will work with you, and us, to try to resolve the problem. For more information on the TDR see www.tdr.org.nz.
  
  Please note: all complaints must be registered with Nova first before you can refer your complaint to the TDR. Nova is a signatory to the NZ Telecommunications Forum Customer Complaints Code. For more information on the Customer Complaints Code, see www.tcf.org.nz.
3. Refer your complaint to Third Parties: We are responsible for managing complaints relating to the supply of Services under this Agreement. However, if it is more appropriate that your complaint is dealt with by a third party (such as a relevant Network Operator) rather than by us, we may refer your complaint to them (in which case we will notify you of this and will give you the name of the relevant company).
4. Nothing in this clause 31 shall limit either party’s ability to bring court proceedings seeking a remedy or relief in connection with any breach of this Agreement by the other party.
Confidentiality
Except as required by law or authorised by us in writing, you must keep confidential all information relating to this Agreement, including the terms of the supply of Services, the pricing relating thereto, and any related correspondence.
Governing Law
This Agreement is governed by the laws of New Zealand.
Definitions
“Account” means your mobile account with us which includes our records of your usage (including any usage by End Users, where applicable), payments and outstanding Charges in respect of any Services and/or Connection(s) provided to you in accordance with this Agreement.

“Account Contact” means any person you appoint to manage your Account (or aspects of it, as applicable).

“Account Owner” means the Nova customer who is responsible for the Account and liable for all Charges payable under this Agreement.

“Additional Terms” mean any additional terms (including any applicable end-user terms of our Service Partners), as notified from us to you, applying to a particular product, Plan, or Service supplied to you.

“Add-on” means any Services purchased by you in addition to your Plan entitlement (including any calling, text, data, or Content bundle)

“Agent” means any third party appointed by us, by our Network Provider or by the Network Operator to perform any of our obligations under this Agreement

“Agreement” means this agreement between us and you comprising these General Terms and Conditions for Mobile Customers, any special terms and conditions which apply to a particular Service used by you and any Nova policies and procedures published by us from time to time on www.novaenergy.co.nz

“Application Form” means any application form completed by you or on your behalf in support of your application for Services under an Account

“Bill” means a statement of your Charges (and “Bills” shall be construed accordingly)

“Billing Date” means the calendar day each month on which your Bill will be sent to you by email or post and/or made available to you in the Nova Hub

“Charge Period” means the period of time in relation to all charge activity on your Account that is fixed each calendar month from the first day of the month to the last day of the relevant month

“Charges” means all monthly Plan charges, Service and Related Service charges, usage charges and any Mobile Phone repayment charges payable in accordance with the terms of this Agreement and any additional charges payable by you in respect of the Services, including early termination fees

“Connection” means a connection to the Network using a SIM card issued by us or our Network Provider

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

“Customer Care” means the Nova Customer Care team, contactable by dialling 668 from your Mobile Phone or otherwise by calling 0800 668 239 or +64 7 306 2700

“Default Interest Rate” is the Bank of New Zealand’s base commercial overdraft rate on the Due Date, as determined by us, plus 1.5% per month or any other rate notified to you by us

“Due Date” means the date on which your Bill is payable by you, and being the date stated as such on your Bill

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

“Fair Use Policy” means our Fair Use Policy published at novaenergy.co.nz/policies (as amended or updated from time to time)

“GST” means Goods and Services Tax as defined in the Goods and Services Act 1985

“Mobile Phone” means the personal GSM mobile phone, handset or other terminal or device approved by us or our Network Provider for use on the Network and used by you with a SIM card to connect to the Network

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

“Mobile Telecommunications Provider” means a provider of mobile telecommunications services to consumers in New Zealand other than Nova

“Network” means the New Zealand mobile cellular network through which Services are provided, comprising the mobile cellular network owned and operated by our Network Provider, as modified, upgraded, or expanded from time to time

"Network Operator" is any entity with whom our Network Provider has entered into an interconnection or international roaming agreement or arrangement (directly or indirectly) providing for the passing of customer generated or customer destined communications between our Network Provider and that entity

“Network Provider” means Two Degrees Mobile Limited

“Nova” means Nova Energy Limited, the duly incorporated company having its registered office at Level 15, The Todd Building, 95 Customhouse Quay, Wellington 6011, New Zealand.

“Nova Hub” means the online self-service portal you must set up at www.novahub.co.nz and through which you manage certain aspects of your Account

“Payment” means paying the Charges set out in your Bill

“Plan” means the supply plan by which certain Services are made available to you, which includes, but is not limited to, bundles of calling, texting and data and/or Content plans and/or any Mobile Phone repayment plan (as published by us from time to time on www.novaenergy.co.nz)

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

“Privacy Policy” means our Privacy Policy published at novaenergy.co.nz/policies (as amended or updated from time to time)

“Promotional Terms” means the relevant terms and conditions which govern a promotion we make available from time to time as part of a supply Plan

“Related Services” means the supply of goods and services related to the supply of mobile Services to you, including the provision of handsets and SIM cards

"Services" means the mobile telecommunications services made available by us and/or our Network Provider and/or Network Operator and/or respective Agents to you over the Network, including under any Plan or Add-on

"SIM card" means the Nova subscriber identity module used by you or other End Users under your Account to enable access to the Network and use the Services

"Special Terms” means the relevant terms and conditions which govern a supply Plan

“Standard Rates” means the standard rates which are published on our Website that we charge a group or category of customers or customer-types for mobile Services or Related Services from time to time. These generally include per minute or per Service charges that are not included in your Plan or are in excess of your Plan entitlement (such as calls, SMS or data outside of your Plan entitlement or premium and/or satellite numbers)

“Terms for Local and Mobile Number Portability” means the requirements for local and mobile number portability determined under the Telecommunications Act 2001

"We", "us” or "our" means Nova Energy Limited

“Website” means www.novaenergy.co.nz

“Working Day” means any day (other than a Saturday or Sunday) on which registered banks are open for general banking business in Wellington, New Zealand

"You" or “your” means the Account Owner under this Agreement