Broadband Terms

1. Introduction. If you subscribe to any of our Home Services, these broadband terms will apply to you in addition to the Consumer Terms on Sky’s website.  Additional terms may also apply to the Home Services you choose, including plan and offer terms. We will let you know when these additional terms apply. If there is any conflict between the Consumer Terms, these broadband terms and any additional terms, these broadband terms and any additional terms will prevail.

2. Term of your contract.
2.1       If you have subscribed to our Home Services with a fixed term contract (e.g. a contract with a period of 12 months) then you agree to receive the Home Services for at least the length of that fixed term.
2.2       If you have subscribed to our Home Services without a fixed term contract or your fixed term has expired, we will provide the Home Services to you on a month by month basis until the services are cancelled by either of us giving the other, one month’s notice or for any other reason set out in the Consumer Terms.
2.3       Your Home Services will start from the earlier of, the date we see usage of the Home Services, or two days after the Home Services are activated (which is the date the LFC notifies us that your Home Services are ready for use). We will start billing you from the date  your Home Services start.
2.4       If you cancel a Home Service before the end of a fixed term we may require you to pay an early termination charge.  You can find details of the early termination charge here.
2.5       For Home Services without a fixed term contract or where your fixed term has expired, we will stop billing you for the Home Services a month after we receive your notice to cancel (see clause 2.2 above) unless we agree that charges for the Home Services will stop earlier. You can choose to continue to use the Home Services during the one month notice period.

3. Credit check. As we explain in our Privacy Policy on Sky’s website, you authorise us to check your credit status with credit agencies during our sign up process and from time to time during the term of your contract.  If you don’t meet our credit criteria we may not be able to provide you with Home Services.

4.  Service availability.
4.1       Not all Home Services are available in all areas of New Zealand or to all customers. Our Home Services require power to operate and won’t work during a power failure, e.g. if you have our home phone service, you won’t be able to make any telephone calls, including to Emergency 111 services, during a power failure.
4.2       Some services that rely on a home phone line (such as home alarms, medical alert devices and fax machines) may not work on our fibre plans.   You will need to contact the providers of these devices to find out if you need to make alternative arrangements for continued service. 
4.3       Our services are not suitable for use in life supporting devices or other technology with critical support functions. 

5. Our broadband service.
5.1       Our aim is to give you the best broadband experience possible.   When we talk about download and upload speeds, these are speeds that our broadband service can ‘burst’ up to but we can’t guarantee that your broadband service will continuously maintain those speeds.
5.2       The actual speed of your broadband service depends on a number of different things outside of our control, e.g. due to the performance of network operators, the devices you’re using, the number of people in your home who are accessing your broadband service at the same time and interference from other sources within your home such as other electronic devices and building materials.   Find out more about broadband speeds here.
5.3       We and other network operators may use traffic prioritisation policies to protect the Network and improve the overall performance of our broadband service amongst our customers.
5.4       You must only use our broadband services for your own normal, personal, household and domestic use in your home.
5.5       We reserve the right to block your access to certain websites which in our sole judgement and discretion facilitate illegal or other unauthorised activities (including the infringement of anyone's rights).

6. Installation.
6.1       We may arrange a time with you to install and/or set up equipment for the Home Services at your home. You confirm that you own the home where your Home Services will be installed or have the consent of the owner to install it.
6.2       If we or our contractors visit your home at the agreed time and are not able to access your home, then we may charge you for the visit.
6.3       You can nominate someone else to meet us if you can’t be home at the agreed time provided they are 18 years or older and they can make decisions about the installation and/or set up on your behalf.
6.4       We may require you to pay installation and/or set up charges for the Home Services. Where possible, we will tell you in advance what these charges (if any) will be.  Find out about installations here.

7. Equipment and maintenance.
7.1       Unless we agree otherwise, we will continue to own all equipment we provide to you for the Home Services.  If your contract for the Home Services comes to an end you must return to us all equipment we have provided to you for the Home Services. If you fail to return our equipment we may charge you.  Find out about our latest charges here.
7.2       You are responsible for any phone sockets and wiring maintenance in your home where the Home Services are provided.
7.3       If you choose to use your own equipment to access our Home Services e.g. your own router instead of a Sky supplied router, you agree that your equipment is your responsibility and whilst we will do all we reasonably can to provide our Home Services via your equipment, we can’t guarantee your equipment will be compatible with the Network.  Find out about using your own equipment here.

8. LFC end user terms. In addition to agreeing to our broadband terms you also agree to be bound by your LFC's end user terms as we use their networks to provide Home Services to you.  The current LFC end user terms can be found on the following LFC websites:
Chorus New Zealand Ltd – www.chorus.co.nz
Northpower Fibre Ltd – www.northpower.com
Ultrafast Fibre Ltd – www.ultrafastfibre.co.nz
Enable Networks Limited – www.enable.net.nz

9. Home phone services. This clause applies to you if you subscribe to our home phone services.
9.1       Call charges.
(a)        there is a minimum one-minute charge for all calls (excluding local calls). Charges for calls lasting longer than one minute are charged by the second after the first 60 seconds;
(b)        calls to international numbers and numbers outside your local area will be charged at the rates published on the Sky website, which may change from time-to-time, see here for details;
(c)        calls to 0900 numbers, premium service calls and any value-added services will be charged at the rate published by the service provider of that number, plus (if applicable) our standard charges for national or international calls; and
(d)        calls are charged at the rate which is applicable when the call is started.
9.2       Home phone number.  We’ll give you a home phone number (also known as a landline) or you may be able to bring your home phone number with you from another provider (this is called porting).   If you ask us to bring your home phone number with you, you authorise us to contact your old service provider and to give them any information we hold about you (and your services) which is necessary to transfer your number.
9.3       Your home phone number and static IP address isn’t owned by you and in some circumstances (e.g. a change of law or service provider) we may need to change your number and if we do, we will give you as much notice of the change as we can.
9.4       If you want to port your home phone number away from Sky to another service provider, you can do this by contacting the other service provider and following their processes.  We will comply with the approved industry process in relation to helping port your number to that other service provider.

10. Fair Use Policy. You agree to comply with our network operator’s Fair Use Policy.
10.1     The Fair Use Policy reflects average customer profiles and estimated customer usage of our home phone services. From time to time, we may monitor usage patterns. If your usage of our home phone services (a) materially exceeds estimated use patterns over any week or month, (b) is inconsistent with normal, household usage patterns and/or the types of uses and purposes for which we communicate that the services are to be used for, and/or (c) includes activities such as auto-dialling, continuously call forwarding, tele-marketing, call centres, and use of cellular trunking units, then your usage will be considered excessive and/or unreasonable and we may contact you to advise you that your usage is in breach of this Fair Use Policy and we may request that you stop or change your usage. If your excessive or unreasonable usage continues we may suspend, restrict or cancel your use of the home phone services.

11. Moving Home.
11.1     If you move home then you must give us at least one month’s notice before you move.  You will need to stop the Home Services that we are providing to you at your old address otherwise you will still be responsible for paying for the Home Service that we provide to your old address after you move.
11.2     We may not be able to provide you with the same Home Services or the same plan if you move address, and in some circumstances we may not be able to provide you with any Home Services at your new address, it will depend on where you move to.  In these circumstances if you fail to return our equipment we may charge you (see clause 7.1 above). It may also take longer than one month to set you up at your new address.  You may have to pay installation charges and/or set up charges for the Home Services at your new address (see clause 6.3 above). Find out about moving home here.

12. Limit on Liability. In addition to clause 21 of the Consumer Terms, we are not liable for loss of data, loss of profits, acts or omissions of any third party or any consequential, indirect or special damage, suffered by you or any other person.  Nothing in these broadband terms affects your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

13. Definitions. Here’s what some of the words used in these broadband terms mean.  The definitions in the Consumer Terms will also apply to your use of our Home Services.
Consumer Terms means the terms that apply to your use of Sky’s consumer services and can be found on Sky’s website.
Home Service(s) means our broadband and/or home phone services that you subscribe to, and the related products and services that we or our agents provide to you.
LFC means your local fibre company (which will depend on which area you live in).
Network means the telecommunications system used to provide the Home Services to you and other customers.