Terms

1. INTRODUCTION

Welcome to WombatNET! We’re committed to providing fast, reliable internet to our customers, and we want to ensure you understand how our services work. These Terms and Conditions (“Terms”) set out your rights and responsibilities when using WombatNET’s services, as well as our obligations as your service provider.

By signing up for or using our services, you agree to these Terms. If you ever have questions or concerns, please reach out—we’re happy to help!

We may update these Terms from time to time. The latest version will always be available on our website. Changes take effect immediately unless otherwise stated. If a change significantly impacts you, we’ll do our best to notify you in advance via email or SMS (if contact details are available).

2. AGREEMENT TO TERMS

•Online Sign-Ups: You must confirm agreement before completing online sign-up.

•Phone Sign-Ups: We’ll confirm your agreement verbally and direct you to our website.

•General Acceptance: Using our service implies acceptance of these Terms.

•Failure to Read: You are bound by these Terms even if you haven’t read them.

3. OUR SERVICES

3.1 What We Provide

We offer high-speed fibre and wireless internet services. We strive for 24/7 availability, but outages, maintenance, or network congestion may occur.

3.2 Performance & Monitoring

Our wireless services rely on a clear line of sight. Environmental or electronic interference may affect performance. We proactively monitor network conditions but are not always alerted in real-time. We encourage customers to contact us if they experience issues. If the modem and antenna appear healthy on our end, we may not be aware of internal problems (e.g., faulty cables, device interference).

3.3 Maintenance & Outages

We’ll notify you about planned maintenance when possible and aim to resolve outages quickly.

4. CUSTOMER RESPONSIBILITIES

4.1 Equipment & Setup

•You are responsible for your own routers, modems, and devices.

•Equipment we provide is your responsibility while in use. You may be charged for loss or damage.

•Any installation-related damage claims must be raised within 6 months. We hold insurance but are not liable for late or unrelated claims.

4.2 Acceptable Use

You agree not to:

•Use our service for illegal or harmful activities.

•Degrade the network (e.g., spam, excessive traffic).

•Distribute objectionable or illegal material. This includes content defined as “objectionable” under New Zealand law, such as child exploitation material, which will result in immediate termination of service and referral to authorities.

4.3 Service Sharing

Service is for your stated premises only. Sharing or extending it to other locations without consent is prohibited. Breaches may result in suspension, fees, or termination.

4.4 Public Representation

You agree to raise issues with us before posting public complaints. False, misleading, or defamatory public comments—especially if no prior complaint has been made—may be grounds for termination of service. We reserve the right to cease business with unreasonable customers.

4.5 Safe Access

You must ensure our team has safe access to your property. This includes:

•Securing dogs and animals

•Removing trip hazards

•Alerting us to known risks

5. BILLING & PAYMENTS

5.1 Invoicing

Invoices are sent 14 days before due and must be paid by the 1st of each month. Payment methods include bank deposit, debit/credit card (Stripe, PayPal), and in-person cash.

5.2 Late Payments

A late payment fee of 35% of the overdue balance will apply if payment is not received within 7 days. Service may be suspended after 30 days. After 60 days, service may be terminated and referred to a debt collection agency. Additional fees may apply.

6. CANCELLATIONS & REFUNDS

6.1 Cancelling Service

•Month-to-month plans: Cancel anytime with 30 days’ notice.

•Fixed-term contracts: A $149.99 early termination fee applies.

•Immediate cancellations: Billing continues for the remaining billing cycle or 30 days (whichever is later).

6.2 Refunds

•No refunds for unused prepaid service.

•Equipment refunds follow a depreciation model: maximum refund value decreases by 85% annually from purchase date. No refund is available after 18 months.

•Installation, labour, and delivery charges are non-refundable unless legally required.

•If we are unable to provide service due to a technical fault, you may cancel without penalty under the Consumer Guarantees Act 1993.

7. FAIR USE & COPYRIGHT COMPLIANCE

7.1 Fair Use

Excessive use (e.g., 5TB/month) may lead to bandwidth throttling or restrictions. We’ll contact you before taking action.

7.2 Copyright & Compliance

We do not tolerate copyright infringement. If we receive complaints related to your usage, we may notify you. Repeat offences may result in termination.

We comply with the Telecommunications (Interception Capability and Security) Act 2013 (TICSA). Objectionable content will result in immediate termination of service and may be referred to law enforcement.

8. PRIVACY & SECURITY

8.1 Data Handling

We collect only what we need to manage your service. This includes name, address, contact info, technical info, and usage data. We comply with the Privacy Act 2020.

8.2 Retention

We retain essential data (billing, contract) for up to 7 years. Non-essential data is archived and deleted after you leave.

8.3 Access Requests

You can request access to or correction of your data. Contact us at [email protected].

8.4 Payments

Card payments are processed by Stripe and PayPal. We do not store full payment details.

8.5 Breach Notification

In case of a data breach, we’ll notify affected users promptly. You may escalate privacy concerns to the Privacy Commissioner or Ombudsman.

9. COMPLAINTS & DISPUTES

9.1 How to Complain

Contact us first at [email protected] or 0800-424-281. We aim to resolve all complaints quickly and fairly.

9.2 Dispute Resolution

We are not a member of the Telecommunications Dispute Resolution Scheme (TDR) due to high cost and low dispute volume. Most issues are resolved internally. If we can’t resolve your concern, you may take it to the New Zealand Disputes Tribunal.

10. LIMITATION OF LIABILITY

WombatNET is not liable for indirect or consequential losses (e.g., lost income or data).

This does not affect your rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.

11. TERMINATION OF SERVICE

We reserve the right to suspend or terminate your service without notice for:

•Breach of these Terms

•Threats or abuse directed at our staff (including online, email, or phone)

•Distribution of objectionable or illegal material

12. FORCE MAJEURE

We are not liable for outages caused by uncontrollable events (e.g., earthquakes, regulatory changes, third-party outages).

If service is disrupted for 7 or more consecutive days, you may be eligible for a credit or early cancellation.

13. REFERRAL POLICY

Refer a friend and receive a one-month credit after they’ve been active for 30 days. Max 12 credits per calendar year.

14. AMENDMENTS & LAW

We may update these Terms occasionally. Continued use of our service constitutes acceptance of the latest version.

These Terms are governed by New Zealand law.

15. MOVING ADDRESS

Let us know if you’re moving. We will transfer your service if possible.

You may need to pay cost-only install or equipment fees (e.g., fibre ONT, wireless install). No admin fee applies.

16. SUPPORT HOURS

Support hours follow our Google Business listing, which may vary daily.

17. DEFINITIONS

•Service: Your internet connection from WombatNET

•Premises: The property where service is delivered

•Equipment: Hardware we provide (router, antenna, modem)

•Objectionable Content: Content prohibited under NZ law (e.g., child exploitation)

•TICSA: Telecommunications (Interception Capability and Security) Act 2013

•Force Majeure: An event outside our control that disrupts service

Contact Us

Email: [email protected]

Phone: 0800 424 281

Website: www.wombatnet.co.nz