1. Introduction:

1.1. The following Terms of Use or Terms and Conditions (the “Ts & Cs”) apply to the use of any Freedom Internet pre-pay consumer or other Services.

1.2. By using the Website or any Platforms and/or using or otherwise subscribing to any of the Services, you are accepting and agree to comply with these Ts & Cs. If you do not agree to the Ts & Cs, please do not use the Website or Platforms, nor use any of the Services.

1.3. You must only use the Services for Residential Use and for your own lawful purposes, unless Freedom Internet has agreed in a Business Agreement to supply the Services for Business Use (see clause 7.6). In all cases you must use the Services in accordance with the latest version of these Ts & Cs and any notice sent by Freedom Internet or other notices or updates posted on the Website or any Platforms.

1.4. You warrant and represent that all information you provide to us when applying to use the Services is true and complete and that you will advise us of any changes within 5 business days after you become aware of such change.

1.5. These Ts & Cs set out the general terms and conditions that apply to the Services. From time to time, Freedom Internet may require a customer to enter into a Specific Contract in relation to certain Services. In such event, in the case of any conflict or inconsistency between these Ts & Cs and any Specific Contract entered into between you and Freedom Internet, the terms of the Specific Contract shall prevail to the extent of any inconsistency or conflict.

2. Definitions:

2.1. “Claim” means any and all actions, complaints, suits, causes of action, demands, claims, debts, proceedings, costs or expenses (including any legal costs or expenses), verdicts or judgments or any other liability of any kind whether in law, in equity, under statute or otherwise.

2.2. [Not used]

2.3. “customer” or “you” or “your” means:
(a) any user of the Website and/or Platform(s); or
(b) Any person or individual who registers for a Freedom Internet account and / or signs up to Freedom Internet’s data plan; or
(c) any user of the Services

2.4. “fees” means any pre-pay consumer fee paid or other fees payable to Freedom Internet by the customer for access to, and use of, the Services (as applicable).

2.5. “Freedom Internet”, “us”, “we”, “our” means Freedom Internet NZ Limited.

2.6. “Implied Term” means a term implied into these Ts & Cs by consumer protection legislation and which such legislation prohibits from being excluded, restricted or modified.

2.7. “Internet Services” means Freedom Internet’s supply of high speed internet access to customers, comprising (a) Freedom Fibre Serviced Apartment Services; and (b) Freedom Standard NZ Fibre Services, as applicable.

2.8. “Internet Subscription Services” mean Internet Services supplied by Freedom Internet on a subscription basis. For the avoidance of doubt, Internet Subscription Services do not include one-off purchased plans.

2.9. “New Zealand Consumer Law” means the New Zealand Consumer Guarantees Act 1993.

2.10. “Platform” means any platform used by Freedom Internet to provide any Services.

2.11. “Specific Contract” or “Contract” means any contract entered into between Freedom Internet and a customer in relation to certain Services, which sets out further specific terms relating to those Services, in addition to these Ts & Cs.

2.12. “the Services” means (as applicable):
(a) the pre-pay consumer or any other Internet Services; or
(b) Freedom Internet’s ‘Buddy’ application; or
(c) any use of Freedom Internet’s domain names for customer email and website addresses; or
(d) lease or loan of equipment by Freedom Internet in relation to the Internet Services or other Services; or
(e) enhancements, upgrades or new services developed and/or provided by Freedom Internet made available to customers from time to time.
(f) “Website” means any Freedom Internet website in relation to the Services.

2.13. “First Internet Session” means the point in time after a pre-pay consumer service or any other service purchase that you login to the Freedom Internet service using your sign-up credentials and access the public Internet.

2.14. “activation” means the point in time a purchased service plan’s allocated time duration begins. For avoidance of doubt a 1 Day, 30 Day or term plan pre-purchased online but not activated will retain the allocated time duration until the subscriber logs into the Freedom Internet Service and initiates an authenticated session – the “First Internet Session”.

2.15. Time Periods “day”, “week”, “month” are used by Freedom Internet to express a familiar period of time rather than how we actually calculate these periods. As Freedom Internet online plans are pre-pay we calculate all plans in hours from the point of “activation”. This means 1 Day = 24 hours from time of “activation”, or 1 week = 168 hours from time of “activation”. 1 Month has the meaning of 720 hours from time of “activation”. This means your subscription payment method will only be charged when your purchased plan’s allocated time period has expired which may not necessarily be the specific day of month. For avoidance of doubt this means that if you purchased a 30 day subscription plan online at any time prior to the date and time below but then “activated” it on Jan 31st 2025 at 10:00AM you would not be charged again until March 2nd 2025 at 10:00AM which is 720 hours of Internet plan availability from time of time of “activation”.

2.16. “Freedom Modem”, “Freedom Router”, “Freedom Access Point” or “Device” means any modem, router, access point or other equipment supplied by Freedom Internet that provides, or provided, access to the Internet Services, whether (a) pre-installed as part of the Freedom Infrastructure in a Freedom Fibre Serviced Apartment; or (b) rented, leased or loaned to a customer for use with Freedom Standard NZ Fibre Services. A Device does not include equipment the customer has purchased outright from Freedom Internet, or equipment owned by a Local Fibre Company (such as an optical network terminal).

2.17. “Freedom Infrastructure” means the fibre, cabling, network equipment, Devices and other infrastructure that Freedom Internet owns, has installed or controls within a building or apartment complex, under an agreement between Freedom Internet and that building’s owner, body corporate or manager.

2.18. “Freedom Fibre Serviced Apartment” means a residential unit or apartment within a building where Freedom Infrastructure is pre-installed. “Freedom Fibre Serviced Apartment Services” means Internet Services delivered to such a unit over Freedom Infrastructure, including wireless access within the building.

2.19. “Freedom Standard NZ Fibre Services” (or “Standard NZ Fibre”) means Internet Services supplied by Freedom Internet to residential premises over the national fibre network operated by a Local Fibre Company, rather than over Freedom Infrastructure.

2.20. “Local Fibre Company” means the third-party fibre network operator for the customer’s premises (for example Chorus, Enable, Tuatahi First Fibre or Northpower).

2.21. “Residential Premises” means a dwelling used primarily as a private residence, including a Freedom Fibre Serviced Apartment.

2.22. “Residential Use” means use of the Services at Residential Premises by the customer and members of their household for personal, domestic or household purposes. This includes incidental working from home (such as remote working for an employer, or study), provided that use is consistent with the Fair Use Policy.

2.23. “Business Use” means any use of the Services other than Residential Use, including use:
(a) at premises used primarily for commercial, retail, office, industrial or hospitality purposes;
(b) to provide internet access to customers, guests (including short-stay or holiday accommodation guests), tenants or members of the public;
(c) to operate servers, hosting or other services for third parties; or
(d) by a company, partnership, trust or other entity acquiring the Services for the purposes of its business.

2.24. “Business Special Conditions” means the Freedom Internet Business Special Conditions, as amended from time to time, which amend and supplement these Ts & Cs for customers supplied under a Business Agreement.

2.25. “Business Agreement” means a Specific Contract, or an Application Form accepted in writing by Freedom Internet, under which Freedom Internet agrees to supply Services for Business Use and which incorporates the Business Special Conditions.

3. Agreement to supply the Services:

3.1. In consideration of the pre-pay fees paid or any other fees payable to Freedom Internet and subject to these Ts & Cs, Freedom Internet shall provide the customer the Services (as applicable).

3.2. The right to use the Services (as applicable) shall commence on completion of registration and/or sign up to the relevant Services by the customer, and acceptance by Freedom Internet, and shall continue unless cancelled in accordance with these Ts & Cs or as otherwise agreed between Freedom Internet and the relevant customer.

3.3. Freedom Internet may in its sole discretion decline any customer application to use the Services (as applicable).

3.4. Subject to these Ts & Cs, Freedom Internet may change or withdraw any part or feature of the Services (including any fees relating to such fees) at any time on providing you with reasonable notice. Any customer that does not agree to such changes has the right to cancel their subscription without any penalty by giving at least 7 days’ written notice to Freedom Internet within 7 days after being notified of such change by Freedom Internet, provided the customer must pay Freedom Internet for any goods supplied or services performed up to the time of termination. However, if a change has a neutral or positive effect on you, or if the change is required by a legal or regulatory change or is necessary for security reasons, to prevent fraud, or technical reasons, we can make the change without giving you notice.

4. Internet Subscription Service:

4.1. If you subscribe to an Internet Subscription Service, you will be billed for the Internet Subscription Service every billing cycle, and you are required to pay the Services with your preferred payment option in accordance with your bill, until the Internet Subscription Service is cancelled in accordance with these Ts & Cs.

5. Payments:

5.1. All payment details and information in relation to Freedom Internet’s fees (and other costs (if any)) will be notified through the customer’s relevant Freedom Internet account or sent to the customer by email.

5.2. Subject to these Ts & Cs, the fees for any data plans (relating to the Internet Services) and other Services that a customer subscribes to or uses may be updated from time to time by notice in writing from Freedom Internet. Freedom Internet will give as much notice as practicable in relation to such changes, and in any event, at least 10 days’ notice. Any customer that does not agree to such updates has the right to cancel their subscription to the relevant Services, without any penalty by giving at least 7 days’ written notice to Freedom Internet within 7 days after being notified of such change by Freedom Internet.

5.3. Unless otherwise agreed by Freedom Internet, all payments due and payable by a customer to Freedom Internet must be made through Freedom Internet’s Platforms or Website by credit or debit card.

5.4. If a customer has agreed to make certain payments by way of direct debit, credit card, or other direct payment options, such payments will be billed to the relevant customer’s payment method automatically unless the customer stops such payments by logging into the customer’s ‘My Account’ and changing the relevant payment preferences or plan (as applicable). Fees for purchased plans, subscriptions and other services will be stated at the time of your purchase or sign-up, as applicable.
If your membership plan or subscription involves a recurring payment of a fee, unless you notify us before a charge to your payment method that you want to cancel or do not want to automatically renew your subscription, you understand it will automatically continue and you authorize us, or a third party through which we transact (without notice to you) to collect the then-applicable fees using the payment method associated with your account.

If a payment is unsuccessful, using the available payment method, Freedom Internet may reattempt charging the payment method for up to 3 business days until the charge is successful. If your payment methods is declined for payment of your plan or subscription fee, we may cancel your plan, as applicable, unless you update your ‘My Account’ with a new eligible payment method within 3 business days. If you provide us with a new payment method and are successfully charged before your plan or subscription is cancelled, you may retain the previous price of your plan. If you do not provide a new payment method prior to the cancellation of your plan you may not have access to the same plan or pricing.

5.5. Subject to clause 5.4, if a customer does not pay its fees in full and on time, we may either:
(a) subject to clause 11.2, suspend or terminate that customer’s use of the Services; and/or
(b) charge the customer interest on such amount owing at the rate of 5% per annum with such interest applying from the date it was due until the date of actual payment.
5.6. Queries about your rates or plan can be made by telephone +64 09 281 2970 if you are in New Zealand or alternatively visit our website: www.freedomInternet.co.nz.
5.7. Volume and/or time-based plans will be billed automatically upon consumption of the allotted volume of data or time allowance, whichever is exceeded first, in accordance with the user’s subscription settings.

6. Equipment / Data use:

6.1. In relation to Internet Services, if your data plan requires a Freedom Internet router or modem to be installed in your home, apartment or unit, you agree to give us access at reasonable times to allow one of our technicians to attend and install the equipment. The equipment will need to be securely attached to a wall or other surface within your unit in a location that is optimal to ensure the best possible Wi-Fi transmission. On your request, Freedom Internet will remove the device at no cost.

6.2. In relation to the rights granted under clause 6.1 above, you confirm that you are the owner of the unit or that you are fully authorised by the owner to allow installation of the equipment in the unit including attachment to the wall, and the removal of the equipment. Freedom Internet will take all reasonable steps to ensure the installation is carried out in a tidy and professional manner. Freedom Internet shall have no liability to any person for any indirect or inconsequential damage that may be caused by the installation or removal of the equipment.

6.3. You agree that if you have not purchased the equipment, Freedom Internet will retain full ownership of the equipment. In relation to Freedom Fibre Serviced Apartment Services, if you leave the unit, unless you or the new occupant requests that we remove the equipment, it must remain installed for the next occupant. Removal of an in-unit access device may incur a charge for replacement to your chosen payment method.

6.3a. In relation to Freedom Standard NZ Fibre Services, you agree that if you rent your equipment from Freedom Internet it must be returned to Freedom Internet, at your cost, upon cancellation of your service. Any Devices not returned within 10 days of the completion of your service will be charged to your chosen method of payment at the replacement cost set out in clause 6.3c.

6.3b. Ownership: All Devices, whether pre-installed in a Freedom Fibre Serviced Apartment or rented to you for Freedom Standard NZ Fibre Services, remain the property of Freedom Internet at all times. No ownership passes to you. You must not sell, sub-let, lend, give away, encumber or otherwise deal with a Device as if you owned it. You are responsible for the safe keeping of each Device from the time it is installed or delivered to you (or, for a Freedom Fibre Serviced Apartment, from the start of your occupancy or Services, whichever is earlier) until it is returned to Freedom Internet or you vacate the unit.

6.3c. Replacement charge: If a Device is lost, stolen, missing, not returned in accordance with clause 6.3a, or damaged other than through fair wear and tear, you must pay Freedom Internet the replacement cost of that Device. The current replacement costs are:

Replacement costs may be updated from time to time in accordance with clause 5.2 and are published on the Website and in the Critical Information Summary. We will notify you before charging your chosen method of payment. No replacement charge applies where the loss or damage was caused by Freedom Internet, by a fault in the Device, or by fair wear and tear.

6.3d. Condition at move-in: If you occupy a Freedom Fibre Serviced Apartment, you must tell us within 5 business days of moving in, or of first using the Services, if a Device is missing or damaged. If you do not, the Device will be treated as present and in good working order at the start of your occupancy.

6.4. You must not tamper, repair, remove, damage or attempt to repair any of Freedom Internet’s equipment that you have not purchased. Any such activities may result in a replacement charge to your chosen method of payment in accordance with clause 6.3c.

6.5. You agree to indemnify and must keep indemnified Freedom Internet against all Claims arising out of any event relating to the equipment installed in your unit.

6.6. In relation to the Internet Services:
(a) for customers who have subscribed to Internet Subscription Services, subject to clause 6.6(b) and clause 6.6(c) below, all unused data will rollover each month;
(b) if a customer unsubscribes from the Internet Subscription Services you will lose any rollover data accrued;
(c) If a customer’s Internet Subscription Service is cancelled part way through a billing period, there will be no refund for unused data. The customer is able to use the remaining data in that billing period until one of the following occurs:
i. all remaining data are used up;
ii. that billing period expires.

6.7. Third Party Device Restrictions: to use the Service with third party devices such as gaming consoles and smart TVs, Freedom Internet may require you to connect to the Service via a Freedom Internet premium router or modem and purchase an unlimited data plan. Freedom Internet will provide information concerning device availability in your Freedom Fibre Serviced Apartment building, or for your Freedom Standard NZ Fibre Service, through Freedom Internet’s customer service team.

7. Conditions of Use (Services):

7.1. You will ensure that all usernames and passwords required to access the Services (as applicable) are kept secure and confidential. You will immediately notify Freedom Internet of any unauthorised use of your user names, passwords or any other breach of security and Freedom Internet will reset your password.

7.2. When accessing and using the Services (as applicable), you must only to do so for lawful and legitimate purposes, and you must not:
(a) use, or misuse, or access or interfere with the Services in any way which may impair the functionality of the Services, or impair the ability of any other user to access the Services;
(b) hack, interfere with or undermine the security, functionality or integrity of Freedom Internet systems, networks or equipment;
(c) attempt to gain unauthorised access to any other users account or to the devices or channels on which the Services are hosted;
(d) transmit while using the Services any: files that may damage any other person’s computing devices, content that may be offensive, or in violation of any local or international law;
(e) attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer the Services or Freedom Internet network or equipment;
(f) attempt to use any of the Services or transmit any communication or data anonymously.

7.3. Freedom Internet is under no obligation to ensure that the communications, transmission, and other use of the Services is lawful and shall have no liability to any person for your use (or any person using your account with or without your express permission) of the Services.

7.4. It is important to Freedom Internet that all eligible Freedom Internet customers are able to access our services. For this reason, and to ensure the provision of a quality service, a Fair Use Policy applies to our services.

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 below. We have developed our Fair Use Policy by reference to average customer profiles, estimated customer usage of our Services, and any relevant Data allowances. If your usage of our Services materially exceeds the range of estimated use patterns or is likely to damage or negatively impact the operation of our network, we will consider your usage to be excessive and/or unreasonable. We may contact you to advise you that your usage is in breach of our Fair Use Policy, and 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 restrict, suspend or cancel your Services.

7.5 Freedom Internet may restrict the number of connected devices per account.

7.6. Residential and Business Use:
(a) The Services are supplied exclusively for Residential Use. Business Use is permitted only where you and Freedom Internet have entered into a Business Agreement.
(b) Where a Business Agreement is in place, the Business Agreement and the Business Special Conditions apply in addition to these Ts & Cs and prevail to the extent of any inconsistency.
(c) If we reasonably consider that you are using the Services for Business Use without a Business Agreement, we may notify you and require you to enter into a Business Agreement and move to an appropriate business plan. If you do not do so within 14 days of our notice, we may restrict, suspend or terminate your Services under clause 11.3.

8. Warranties and Acknowledgements:

8.1. Acknowledgements: You acknowledge and accept that:
(a) The provision of, access to, and use of, the Services is on an “as is, where is” basis and at your own risk.
(b) It is your sole responsibility to determine that the Services meets your needs.

8.2. Limited Performance Warranty: Freedom Internet shall take reasonable care to ensure that the Services are of normal commercial quality and shall take reasonable steps to provide ongoing access to the Services.

8.3. In the event of interrupted supply or error in the Services, Freedom Internet shall take reasonable steps to (but does not guarantee to) repair or restore or re-instate use of the Services. If Services cannot be restored or re-instated to your satisfaction and you wish to cancel any part of the Services (including the Internet Services), we will refund payments made for any unexpired period after the date of cancellation and for any period you have paid for during which full Service was not available due to any fault or interruption within our control.

8.4. Technical Problems: The customer must take reasonable steps to investigate and diagnose problems before contacting Freedom Internet for technical assistance. Support is provided 24 hours a day by email request at support@freedominternet.co.nz or by calling our Customer Services team at NZ: +64 9 281 2970 during published hours. Voicemail, email or callback requests recieved outside of support hours will be returned in the order they were recieved the next business day. Freedom Internet will provide technical support but does not guarantee that it will always be able to provide solutions or fix every problem. Freedom Internet may reasonably charge for extended, repeated, complex or specialist support.

8.5. Excluded Warranties
(a) Freedom Internet does not warrant that either the use of the Services (as applicable), the Platforms and the Website will be uninterrupted or error free.
(b) From time to time access to the Services (as applicable) or Website or any Platforms may be unavailable due to maintenance or other development activity or due to circumstances outside Freedom Internet’s control such as availability of the independently owned or controlled networks and systems used for accessing the Services (as applicable).
(c) Freedom Internet will use reasonable endeavours to publish details of intended or planned activity in advance of interruptions or delays.
(d) Freedom Internet is not in any way responsible for any interference or prevention of your access or use of the Services.
(e) Freedom Internet does not warrant that the Services will meet your requirements or that it will be suitable for your purposes.
(f) Freedom Internet cannot prevent the malicious, fraudulent or negligent actions of people or technology outside its control. Freedom Internet does not guarantee continuous, fault free access to the Services or the Website or any Platforms.
(g) Other than as specifically set out in these Ts & Cs, Freedom Internet gives no warranties or undertakings whatsoever in relation to the Services. All Implied Terms are expressly included in these terms. All other terms which might otherwise be implied into these terms, are excluded.
(h) Where a customer acquires the Services for Business Use under a Business Agreement, the customer agrees that the Services are acquired in trade, and the New Zealand Consumer Law and any other statutory consumer guarantees are excluded to the maximum extent permitted by law.

9. Intellectual Property:

9.1. The Services, Platforms and Website contain Intellectual Property Rights including copyrighted material, trademarks, trade secrets and proprietary information. These Ts & Cs do not grant any customer any Intellectual Property Rights, including rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Services, Platforms, Website or any other materials or information appearing as part of the Services, on the Platforms or on the Website. You may not create any derivative work or technology based upon any Intellectual Property Right. Furthermore, you may not sub-license, assign, transfer or sell your access to the Services, the Platforms or the Website, or, except as permitted under a Business Agreement, make any other commercial use of your access to the Services, the Platforms or the Website.

9.2. You shall not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Freedom Internet, or take any other action that infringes upon or impairs Freedom Internet’s trademarks or other Intellectual Property Rights.

9.3. Freedom Internet (or its licensor) is the sole owner of all Intellectual Property Rights, and in particular the copyright, trademarks, database and patents in the Services, Platforms, Website and in any software, application and other materials used therein, including the organisation and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in these Ts & Cs, Freedom Internet shall retain all ownership rights in and to all content displayed on the Platform, the Website or otherwise as part of the Services provided, including copies of data transferred or received by you through this website.

9.4. Any use of content in relation to the Services, or on the Platforms or Website other than the use permitted by this Ts & Cs, including but not limited to the modification, distribution, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained in the Services, Platforms or Website, or use of the Services, Platform or Website for purposes competitive to Freedom Internet, is prohibited.

9.5. “Intellectual Property Right” means the rights and interests of Freedom Internet in
(a) any patent, trade mark, service mark, design, copyright, moral right, know-how, confidential information and trade secrets;
(b) any proprietary information including scientific, technical, product and marketing information used in or forming part of the Services; and
(c) any other intellectual or industrial property rights, anywhere in the world whether or not registered.

10. Limitation of Liability:

10.1. Except in the case of negligence or wilful default on the part of Freedom Internet, Freedom Internet excludes any liability and responsibility to you (or any other person) in contract, tort or otherwise, for any loss or damage (including indirect, special, incidental , punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to these Ts & Cs) or damage resulting, directly or indirectly, from the use of, or reliance on, the Services.

10.2. If you are not satisfied with the Services or any decision or action of Freedom Internet, subject to any applicable law, you may cancel the Services by following the steps set out in clause 11.2.

10.3. Freedom Internet is not responsible for the inherent risks of people placing personal information onto a website or doing business or making payments over the internet, for example transfer of viruses or spyware to users of the Website or any Platform, use of cookies, unauthorized access to your information by a third party (hacking), information being changed or removed. Use of the Services and any links from the Website (including the payment portal which is provided by an independent third party supplier) or any Platform is solely at your own risk.

10.4. Notwithstanding the exclusion of liability, should Freedom Internet or any agent, representative, officer or director thereof be held to have any liability to the customer in any way connected with these Ts & Cs or the Services before, during or after the term and whether by claim or proceedings under these Ts & Cs, any statute, regulation or rule of law by the customer or any third party, the maximum amount that Freedom Internet shall be liable for (where liability can legally be limited) whether by way of damages, costs, interest, fines or otherwise shall be limited in respect of all incidents to the Fees paid by you (or on your behalf) in the previous 12 months.

10.5. Consumer laws:
(a) These Ts & Cs are to be read subject to the New Zealand Consumer Law;
(b) subject to clause 10.5(a) above and any law to the contrary, Freedom Internet’s liability for any breach of an Implied Term shall be limited, at its option, to one or more of the following: if the breach relates to goods, the replacement of the goods or supply of equivalent goods, the repair of such goods, or the payment of the cost of replacing the goods or acquiring equivalent goods; and if the breach relates to services, the supplying of the services again, or the payment of the cost of having the services supplied again.

11. Term and Termination:

11.1. Your rights to use the Services will continue until terminated as set out below or otherwise by law.

11.2. Subject to clause 11.3 and clause 11.4, you may cancel your use of any of the Services on providing at least 10 days’ notice by logging into your account at My Account, if available, or by calling our Customer Services team at NZ: +64 9 281 2970.

11.3. We may restrict, suspend or terminate your Services if:
(a) you fail to pay your fees on time;
(b) you use the Services or behave in a way that we reasonably consider to be abusive, offensive, excessive, unreasonable, inappropriate, illegal, unauthorised or fraudulent, or in any way that infringes anyone’s legal rights;
(c) you resell or resupply a Service;
(d) you do not follow our reasonable instructions in relation to your use of the Services;
(e) we reasonably consider you to be a credit risk;
(f) you otherwise in material breach of these Ts & Cs and the breach cannot be remedied, or you do not remedy it within 14 days of us asking you to do so.

11.4. If a minimum contract term applies to an Internet Service, you are required to maintain the Internet Service for the minimum term unless you pay an early termination fee as set out in the Critical Information Summary. In order to cancel such Internet Service, you must follow the procedures set out in the Critical Information Summary.

11.5. Termination of any Services is without prejudice to the following (without limitation):
(a) payment of early termination fee as set out in clause 11.4;
(b) liability, rights or obligations accrued up to and including the date of termination;
(c) Our right to impose any conditions or limitations on the Services.
(d) On termination of these Ts & Cs:
(e) The customer will remain liable for any accrued charges and amounts due to Freedom Internet and all such amounts must be paid in full immediately on termination; and
(f) All use of and access to the customer’s account and the Services by the customer shall cease.

12. Customer Privacy:

12.1. By agreeing to be bound by these Ts & Cs, you are also agreeing to Freedom Internet’s privacy policies:
In relation to your use of any Service available, Freedom Internet’s privacy policy available at https://www.freedominternet.co.nz/privacy-policy.

13. Complaints:

13.1. Freedom Internet endeavours to investigate and resolve your complaints about the Services quickly and effectively. If you have complaint, please contact our Customer Services team at NZ: +64 09 281 2970 or email us at support@freedominternet.co.nz.

13.2. If you are not satisfied with the way Freedom Internet handles your complaint at the first instance, you can request the complaint be escalated to a senior representative who will review your complaint and the way it was handled

14. Social Media Policy:

14.1. You must comply with Freedom Internet’s social media policies that are published on Freedom Internet’s Website and Freedom Internet’s social media sites such as Facebook, Instagram and LinkedIn, subject to change from time to time.

15. Referral Rewards:

15.1. If you have signed up to unlimited data plan with Freedom Internet using a referral code provided by building manager or property manager of your building, you acknowledge that the building manager or the property manager may receive from Freedom Internet a modest cash payment.

16. General:

16.1. Entire agreement: Subject to any Specific Contract entered into and the restriction of minimum contract term (if applicable), the Critical Information Summary, these Ts & Cs and the terms of any other notices or communications to you from Freedom Internet, constitute the entire agreement between you and Freedom Internet relating to the Services.

16.2. Indemnity: The customer hereby indemnifies and must keep indemnified Freedom Internet against all Claims, costs, damage and loss arising from or in any way related to customer use of the Services, Platforms or the Website or any breach of these Ts & Cs.

16.3. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Ts & Cs if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.

16.4. Assignment by Freedom Internet: We may assign or transfer our rights, obligations, duties and liabilities under these Ts & Cs to any third party without requiring the consent or approval of any customer.

16.5. No Assignment by customer: You may not assign or transfer any rights to any other person without Freedom Internet’s prior written consent.

16.6. Governing Law: New Zealand law applies.

16.7. Variation of these Ts & Cs:
(a) These Ts & Cs and Freedom Internet’s rules and policies regarding the Services are subject to change by Freedom Internet from time to time. Any such change shall be uploaded to the Freedom Internet Website and Platforms. It is your obligation to regularly update yourself as to the most recent Ts & Cs available on the Website and Platforms. Any customer that does not agree to such changes has the right to cancel their subscription to the relevant Services, without any penalty by giving at least 7 days’ written notice to Freedom Internet within 7 days after such change is uploaded to Freedom Internet Website and Platforms, provided the customer must pay Freedom Internet for any goods supplied or services performed up to the time of termination.
16.8. Enforceability: If any provision of these Ts & Cs shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and shall remain in full force and effect.

17. 1 Month Free – Promotion – Terms and Conditions:

17.1 This promotion is only available for NEW customers, unless otherwise explicitly stated in a particular building promotion, who sign up to a Freedom Internet 12 Month contracted recurring plan. New users in Freedom Internet Serviced Apartments must enter the promo code “1FREE” when signing up. To be eligible to receive your 1 month of free unlimited Internet, you must be an active customer and subscribed to a 12 month contract plan. Your 1 month of free Internet will be applied/added to your account at the end of your initial term. The 1 Month Free Promotion is ongoing while promoted on the website at www.freedominternet.co.nz.