Terms & Conditions

Broadband

1. This Agreement

1.1 This agreement applies to all Customers of KOL Broadband.

1.2 This agreement also includes KOL's Standard Terms and Conditions and Acceptable Use Policy.

2. Availability of Services

2.1 KOL Broadband services are only available on a standard residential phone line and services must only be used on that line. Only one broadband account can be used on any one phone line. Services are not available in all areas.

3. Initial Provision of broadband

3.1 For transitions from other broadband services and service providers, it may take up to 15 or more working days from the day you agree to take KOL Broadband for us to begin to provide the services to you. It may take longer if you request that we start the service to coincide with the completion of any third party service providers billing cycle. These times are an indication only and not a guarantee.

3.2 For new installation of KOL Broadband it may take up to 10 working days from the day you agree to take KOL Broadband for us to begin to provide the services to you. This time is an indication only and not a guarantee.

3.3 You will ensure that all information regarding your KOL Broadband application is correct and complete. You acknowledge that any incorrect or incomplete information could adversely affect the length of time it takes to connect you to KOL Broadband and could impact on our ability to provide adequate services.

4. Phone Support

4.1 Phone support is included for set-up and Internet related technical problems on all KOL Broadband accounts and hours of availability are advertised on our website.

4.2 Our service does not cover: Problems in your computer, communication equipment, your software (except for software provided by us) your phone line or any other part of the Internet not forming part of our network. In addition to this you are not covered if you use the service incorrectly or due to any other event beyond our reasonable control.

5. Changing your Address or Phone Line

5.1 If you change your address or phone line, you cannot take your services with you. KOL Broadband must be cancelled to avoid charges, even if the phone line is no longer valid. Services must be reinstalled on the new phone line, even if you are maintaining your existing phone number, and will incur installation charges. You will need to call us at least 14 days in advance of the move so we can discuss how to minimise service disruption.

5.2 Should your phone line become disconnected for any reason, we can no longer provide KOL Broadband to you and this is taken to be a termination of agreement. Should you wish to enter into a new agreement for KOL Broadband an installation charge will apply.

6. Quality of Services

6.1 You acknowledge that any claims made about speed of service are best effort peaks and not guarantees. Speed claims are line speeds only and no guarantees are made for national and international traffic, or any particular type of traffic.

6.2 Latency is not guaranteed, but should remain below 1000ms one-way across the line only. There are no jitter guarantees.

6.3 This service is not guaranteed to be fault free or continuous. This is because the service runs over an external service providers unguaranteed network.

7. Billing

7.1 We will bill for services one month in advance and any installation or cancellation charges in arrears. Your first bill will contain charges from when we first begin to supply you with KOL Broadband and charges for the month in advance.

7.2 The KOL Broadband service is an always on connection and can not be suspended. Charges for the full month will still apply, even if not used.

7.3 Payment for KOL Broadband is by direct debit or credit card only.

8. Cancellation of Services

8.1 You can request service cancellation of your KOL Broadband service at any time, however it can take up to 5 days to get the billing stopped and the service cancelled, as we are dependent on the lead-times and billing period of Telecom. It is possible to cancel the service quicker - however this requires an agreement to pay all charges incurred up until Telecom has stopped billing for the service, even if your service has been technically disconnected prior to this date. In the event that a tern contract applies to your connection then there may be an early disconnection fee, otherwise there is no cancellation fee.

8.2 When you agree to take KOL Broadband you must purchase the service for at least one billing period. This means if you cancel your order as soon as it is placed, you must still pay for the entire billing period.

8.3 We reserve the right to cancel your KOL Broadband in the event that we do not receive payment. We will give you 5 days notice via your preferred email address for you to pay your account to avoid KOL Broadband cancellation. It is your responsibility to have your email account details accurate with us. In the event that we cancel your KOL Broadband, a reconnection fee will apply if you wish to reinstate your services.

9. Changes to Terms and Conditions

9.1 We may at any time change these terms and conditions.

9.2 We may at any time, giving you 30 days notice via email:

Change the charges for services.
Amend or discontinue the services, or move you onto another equivalent plan.

It is your responsibility to provide us with correct and current contact information.

10. Your Obligations

10.1 You will indemnify us for any damages, loss or cost caused by you or your actions (including failure to comply with this agreement) which results in us being liable to any third party carrier.

KOL Tolls T&Cs

1. We will not charge for unsuccessful calls (i.e the number you call is engaged)

2. Calls made using the KOL Toll Service are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.

3. You are responsible for any charges incurred on the account associated with the telephone number for tolls. This includes unintentional or unauthorised dialed numbers. See tolls product information for more details.

4. It is your responsibility to make sure they have no viruses or other malicious software on their computer that may automatically dial toll numbers (i.e. Trojan Diallers).

5. Your agreement with Telecom remains in place and you must continue to meet your responsibilities under that agreement (including the responsibility to pay charges accruing under it).

6. Tolls Availability: KOL Tolls is not compatible with all of Telecoms Services. If you have any of the following services on your phone line, your KOL Tolls order will be rejected: Customerlink, DDI Extension, Dual Number, Faxability Number, Calltrack, Call Readdress, and Priority Service

7. Kiwi Online reserves the right to disconnect you from KOL Tolls, reverting you back to Telecoms toll service in the event of non-payment. We will charge you a $10 disconnection fee in this instance.

8. It is your responsibility to keep your computer free of viruses and other unauthorised access as is outlined in the General Terms and Conditions. Kiwi Online takes no responsibility for any Trojan Dialers that cause toll charges on your account.

Homeline

1. Provision and maintenance

1.1 We will arrange a time with you to provision your Homeline. You will ensure we can access your property at this time.

1.2 You will allow us or our agents to come on to your property to work on the network or anything connected to it. People we send will carry proof of identity and we will always try to contact you before we do this.

1.3 All services are not available in all areas at all times.

2. Devices

2.1 You will ensure that all devices you connect to your Homeline are Telepermitted. This means it will not damage the network, it does not mean they will remain compatible.

3. Your telephone number

3.1 The telephone number we assign you is not your property. In the unlikely event we need to change your telephone number we will give you as much notice as possible.

4. Your responsibilities

4.1 You or anyone you are responsible for will not damage or interfere with our network. Any damage that you or people you are responsible for make; you will be liable for.

5. 0900 calls

5.1 0900 calls are blocked by default. You are liable for any 0900 numbers originating from your telephone number, regardless of who makes those calls. We reserve the right to pass on your billing information to 0900 operators in the event of non-payment for 0900 calls.

6. Directory listings

6.1 We will provide your details for the telephone book and for directory assistance by default. We will pass your name, address and telephone number to Telecom Directory Assistance and you agree that it can be used for this purpose. You agree that in relation to directory assistance services our liability is limited to seeking to rectify any error as soon as practicable. No member of the Telecom group of companies or Kiwi Online (or their officers, employees, contractors or agents) has any liability to you.

6.2 If you would like your details not to be listed, or for special types of listings please contact KOL on 0800 438 565.

7. Wiring and maintenance

7.1 Kiwi Online’s wiring and maintenance service covers:

Telephone sockets and wiring which meet and are installed to our specifications
Wiring inside your home, but not external wiring to another building on your premises
The service does not cover equipment attached to sockets such as extension cables
Moving, adding or changing sockets which are not faulty is not covered by this service
If we need to replace a socket to fix a fault we will replace it with an item from our product range which is similar. If you have a replacement item you would like us to install instead we will install it providing it meets with our requirements

7.2 Kiwi Online’s wiring and maintenance service does not cover you:

In the event that you do not meet your responsibilities relating to our network and equipment supplied by us set out in these terms and conditions.
if the fault is caused by deliberate or malicious actions
If the fault is caused by other wiring or equipment in your home.

8. Faults

8.1 If you experience a phone line fault please contact us on 0800 438 565 and we will make every effort to restore your service.

9. Smart Phone Services

9.1 Kiwi Online supports call waiting, call minder and caller display.

9.2 Any existing smart phone services will not be automatically brought across from your existing provider.

10. Credit Restrictions

10.1 In the event of non-payment we reserve the right to place a temporary disconnect on your phone line. You will still be able to receive calls and place calls to emergency services, but you will not be able to dial out. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

10.2 In the event of continued non-payment we reserve the right to place a disconnect on your phone where you will not be able to receive or place calls, including calls to emergency phone numbers. The line will continue to be charged at the normal monthly rate and a reconnection fee will apply.

KOL Tolls T&Cs

1. We will not charge for unsuccessful calls (i.e the number you call is engaged)

2. Calls made using the KOL Toll Service are subject to a one minute minimum charge. Calls longer than one minute duration are rounded up to the next minute.

4. It is your responsibility to make sure they have no viruses or other malicious software on their computer that may automatically dial toll numbers (i.e. Trojan Diallers).

5. Your agreement with Telecom remains in place and you must continue to meet your responsibilities under that agreement (including the responsibility to pay charges accruing under it).

6. Tolls Availability: KOL Tolls is not compatible with all of Telecoms Services. If you have any of the following services on your phone line, an KOL Tolls order will be rejected: Customerlink, DDI Extension, Dual Number, Faxability Number, Calltrack, Call Readdress, and Priority Service