I (as a customer) certify the details supplied in accordance with this agreement are correct as stated, and I agree to abide by the terms and conditions outlined in this agreement for the purpose of usage of any connection and any accompanying equipment issued.

  1. The interpretation:

“We” means Aquafi Mobile Ltd and “you” means the account holder under this agreement.

  1. Commencement Date:

This agreement begins when we set up your connection to our service to be available for your use or from the date your

connection is activated. The agreement term shall be the term as agreed by both parties and as stated on this agreement.

  1. Fixed or non fixed Term:

The agreement term shall be the term as agreed by both parties and as stated on this agreement.

If your connection to our service is for a fixed term:

This agreement will continue for the duration of that fixed term, including the period of any suspension unless the suspension was requested by you in accordance with this agreement, in which case the period of any such suspension will be added onto the fixed term. If you terminate this agreement before the end of that fixed term you may have to pay termination charges. If your connection does not have a fixed term, this agreement continues on a month by month basis until it is terminated in accordance with these terms and conditions. You may charge your plan during the contract term, the fee to do so is calculated: original device subsidy less the subsidy on the plan you wish to change to, divided by 24 months and multiplied by remaining term.

  1. Services and Coverage:

While we will do our best to provide quality service, because of the nature of mobile telecommunications and connection network provided by Vodafone, it is impossible to provide a fault-free service and the quality and coverage of the services depends partly on your mobile devices, partly on our service and partly Vodafone and other Telecommunications networks.

You are responsible for checking the mobile service coverage area prior to entering this agreement, and understand that under no circumstance, and for any reason do we accept liability or claims of compensation from the customer for interruptions to service due to the customer entering a non-coverage area.

  1. Cancellation of Services:

In the instance that you wish to terminate this agreement before the end of the agreed term, we ask only for at least one month billing cycle written notice in advance and payment of any outstanding current charges and early termination fee which is scheduled upon the length of the agreed period. Additional pricing plan charges may also apply in accordance with these terms and conditions. Where you wish to port the number to another network provider other than Vodafone, or, use on Pre-pay on any network, please be aware in the first instance you will need to once transfer to a Vodafone Pre-pay account, and, then arrange port with your new provider.

  1. Fixed Term Plan Early Termination Charges (ETC):

Time in Contract: 1 to 6 months – 100% of subsidy, 7 to 12 months – 80% of subsidy, 13 to 18 months – 50% of subsidy, 19 to 24 months – 30% of subsidy

  1. Fair Use Policy:

All services are subject to Aquafi Mobile Ltd and Vodafone Fair Use Policy. We may apply Fair Use Policy where in our reasonable opinion your usage of our services is excessive and/or unreasonable as detailed in this paragraph. If your usage of our services materially exceeds estimated use patterns over any month, the usage will be excessive and/or unreasonable.

If your usage is excessive and/or unreasonable we may contact you to advise you that your usage is in breach of our Fair Use Policy. We may then request that you stop or alter the nature to come within our Fair Use Policy. If your usage stays the same pattern after the advice, we may without further notice, apply charges to your account for the excessive/unreasonable element of your usage; suspend, modify or restrict your use of the services or withdraw your access to the services.

  1. Neglect:

In the case you neglect any of your responsibilities in relation to the contents of this agreements, which results in the need for recovery of any loss, or, any penalties to be paid, these will be made payable by you.

  1. Customer Obligations:

In the case of loss, damage, or, theft of any equipment issued should occur, you are obligated to notify us immediately, and to take any necessary action as directed.

  1. Calling Rates:

You agree to make payment to us for all calls placed for the term of this agreement, or, up to the time of return of the device, or, disconnection of services. This includes data transfer, downloading of games, ringtones and any other related billable

services used. All rates are subject to change, without prior notice, at anytime during the agreed term. There is a minimum one minute charge for each voice mobile call. After that your call is calculated by the second until free minutes allocated are use.

Then it will be charged at 30 second intervals after a minimum one minute.

  1. Contract Termination:

In the instance that you neglect your responsibilities as stated in this agreement, or, it is found that any of the information supplied by you in the agreement is incorrect, we reserve the right to terminate this contract without prior notification, and you will be liable for payment of any penalties, compensation and costs incurred in the recovery process. When your agreed contract term expires, we will continue to bill and provide services on your current plan until such time you enter into a new contract with us, or, indicate you wish to terminate our services.

  1. Payment:

Payment for all device and equipment, call charges, other service charges, and any related fees are due on the date stipulated by us. In the instance you do not make payment by the due date, you understand that you are liable to pay us late payment surcharge on any outstanding charges owing or in arrears. Please refer to www.aquafi.co.nz/penalty for further details. If for any reason you continue not to make payment resulting in the need for debt recovery proceedings, and or, any legal action is instigated, you understand you are liable for all costs incurred. We reserve the right to disconnect any connection without prior notification for any account seriously in arrears.

  1. Credit Card/Direct Debit Payments:

You agree that they will at all times endeavour to make the necessary credit available to meet payment obligations to us for the term of this agreement. You understand payments due will be debited against your card/nominated bank account. For persons who posses New Zealand Permanent Residency, other methods of payment are available.

  1. SIM Card: Any SIM Card we issue to you remains our property.
  1. Phone Numbers and Number Portability:

Phone Numbers are allocated to you by us or another telecommunications services provider and do not belong to you. You may port the phone number to another Telecommunications services provider. If you wish to do so, you must contact us to prearrange this. If you or we disconnect your connection to the services and you have not ported or transferred the phone number prior to disconnection, we may re-allocate the phone number to another customer.

  1. Suspension:

You may temporarily suspend your connection for a period of up to three months, within a 12 month period of your contract term. During the period of suspension of your connection, if your account has a fixed term your account will automatically be extended by the length of time your account was voluntarily suspended. A reduced monthly charge will be payable during the suspension. If your account is in arrears for more than 60 days, we may suspend your connection without written notice.

  1. Device Warranty:

All brand new devices we offer are provided with a two year mechanical warranty. If your product fails to work correctly as a result of a manufacturing defect and it is still in warranty, the product may be repaired under the manufacturer’s warranty.

Bring the product to us and we will send the product to Mobile Phone Repair on your behalf. Shipping and Handling charges may be charged. If the product is assessed and the fault is found not to be covered by the manufacturer warranty Mobile Phone Repairer reserve the right to charge a service fee.

  1. Finance:

We offer 24 months interest free finance for devices to use on some plans. Installments will be added to your monthly invoice for payment. If you terminate or suspend your plan, or move to non-eligible plan prior to the end of your 24 month repayment term you will be required to immediately repay the outstanding balance including special discounts on your device(s). This will be in addition to any early termination charges or plan transfer charges which may apply. Any balance of

installments not paid within 24 months period will then attract interest at 29.7% p.a.

  1. Force majeure:

We will not be liable for any delay or failure of the services or for any loss or damage from such delay or failure to the extent that it was caused, in whole or part, by an act of God, war, terrorism, civil disobedience, riots, strike, industrial stoppage or unrest, fire, volcanic eruption, earthquake, shortage of suitable labour, materials, equipment or energy or any other event beyond our control.

  1. Guarantor’s Obligations:

Under this agreement, the guarantor is of the understanding that in the case we are unable to recover monies owed by the original contract holder, the guarantor is obligated to make unequivocal payment on their behalf.

  1. You are to be aware that some promotions run by Vodafone from time-to-time may not be extended to our connections.

In the first instance, check with us. We will endeavour to notify customers in advance. However, we do not accept liability for charges incurred during a promotion period that the customer has not verified with us.

  1. New Zealand Law:

This agreement is governed by the laws of New Zealand and you submit to the jurisdiction of the New Zealand courts.

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