WombatNET Terms & Conditions of Service

Effective Date: 29 October 2026

1. ABOUT THESE TERMS

1.1 These terms cover the services you receive from WombatNET Limited (company number 7510296). We are a small, locally run internet provider in the Greater Wellington region. We build and run our own fixed wireless network, and we also resell services over other networks. We have written these terms in plain language. If anything is unclear, ask us, and we will explain it.

1.2 Your agreement with us is made up of the documents below. If two of them say different things, the one higher on this list applies:

(a) your plan schedule or offer summary (your price, term, plan and anything agreed just for you);

(b) the service schedule for your service (Schedules A to D);

(d) the policies we refer to in these terms, published at the end of this page (wombatnet.co.nz/terms).

1.3 Your agreement starts when you accept our offer (online, by email, in writing, or by phone, which we will confirm in writing) or when we start your service, whichever happens first.

1.4 We may need to change these terms, our services or our prices from time to time. We will give you at least 30 days’ written notice of any change that is to your detriment. The notice will explain what is changing, when it takes effect, and your options.

1.5 If you are on a fixed term and a change disadvantages you, you can end your agreement without an early termination fee. You can do this at any time up to 30 days after the change takes effect. You decide whether the change disadvantages you. You only need to tell us. You pay your normal charges up to the date your service ends.

1.6 Changes that are neutral or good for you, or that the law requires, may take effect sooner. We will still tell you about them. Where the law requires a change, we will give you as much notice as we reasonably can.

1.7 We will not treat your silence, or the fact that you keep using the service, as agreement to a change that disadvantages you. Your right to leave under clause 1.5 stays open for the full period.

1.8 The current version of these terms is always on our website. Ask us if you want a copy of an earlier version.

2. YOUR ACCOUNT

2.1 The account holder must be 18 or older. The account holder is the person we have the agreement with, and is responsible for the account and its charges.

2.2 You can name other people (authorised persons) who can talk to us about your account. They can report faults, ask questions and make day-to-day changes. They cannot cancel or transfer the account unless you tell us in writing that they can. You are responsible for what your authorised persons do on the account.

2.3 Please keep your contact details, service address and billing details up to date. This matters for notices, for billing, and for 111 calls from a home phone (see clause 4 and Schedule D).

2.4 We may ask you or an authorised person to confirm identity before we make changes to the account or share account information.

2.5 We send notices by email to the address on your account. We may also use SMS for short notices. If you would prefer notices by post, ask us. We treat an emailed notice as received the next working day after we send it, unless we get a message that it was not delivered.

2.6 You can send notices to us at [email protected]. Send anything about the 111 Contact Code to [email protected].

3. OUR SERVICES

3.1 We offer these services:

(a) WombatWireless X, fixed wireless broadband over our own network (Schedule A);

(b) 4G+, a managed fixed wireless access service delivered over One NZ’s mobile network under a wholesale agreement (Schedule B);

(c) WombatOptic, fibre broadband we resell through Devoli over Chorus and other local fibre company networks (Schedule C);

(d) home phone (VoIP) for a small number of existing customers. We no longer offer it to new customers (Schedule D).

3.2 We also do CCTV and IoT work. We quote that work separately, and the quote sets out what applies.

3.3 Fixed wireless needs a clear line of sight between your dish and our site. Trees, buildings, terrain, heavy weather and radio interference can all affect it. The speeds in your plan are what the service is designed to deliver. They are not a guarantee. Actual speeds depend on signal strength, network congestion, your equipment, and your Wi-Fi.

3.4 We monitor our network, but not every fault shows up straight away. We usually cannot see problems inside your home, such as damaged cables, power issues, router placement or Wi-Fi interference. Please report faults to us on 0800 424 281 or at [email protected]. The sooner you tell us, the sooner we can look.

3.5 We fix faults on our network at our cost. If a fault is caused by your own equipment or something on your side, a callout fee may apply. We will tell you about any fee before we charge it (see clause 8.3).

3.6 Planned maintenance. We aim to give you at least 48 hours’ notice of planned work that will interrupt your service. Where we can, we do it overnight (between midnight and 6 AM). Urgent work to fix a fault or protect the network may require reduced notice.

3.7 We are a lifeline utility under the Civil Defence Emergency Management Act 2002. In an emergency we may prioritise restoring parts of the network that support emergency response and critical sites. This does not mean we can promise faster restoration to any one customer.

4. POWER CUTS AND CALLING 111

4.1 This clause applies to every customer. Please read it even if you don’t have a home phone with us.

4.2 None of our services work in a power cut unless you have backup power. Our radios, 4G+ modems, routers, and the fibre ONT in your home all need mains power. Our home phone service runs over your broadband, so it stops working if your power or broadband goes down. Some network sites also rely on mains power and batteries, and the batteries can run out in a long outage.

4.3 Other devices that rely on your connection may also stop working in a power cut or broadband outage. This includes monitored alarms, medical alarms and personal emergency alarms. Check with the device supplier.

4.4 Keep a charged mobile phone as your backup way to call 111. Mobile coverage in rural areas can be patchy, so check the signal at your place before you need it. A battery pack or backup power unit can help.

4.5 Vulnerable consumers. The 111 Contact Code protects vulnerable home phone customers. Someone in your household is a vulnerable consumer if they are more likely than other people to need to call 111 because of a specific health, safety or disability circumstance, and they do not have another way to call 111 that would work for at least 8 hours in a power cut (for example, a mobile phone with reliable coverage at your place).

4.6 If you have a home phone with us and think you may be a vulnerable consumer, you can apply:

(a) using the form at wombatnet.co.nz/111-contact-code;

(b) by email to [email protected]; or

We may ask for reasonable information to support your application. We will make a decision and tell you within 10 working days of receiving your application.

4.7 If we accept your application, we will give you, free of charge, a way to call 111 that works for at least 8 hours in a power cut at your place. Depending on your needs and the mobile coverage at your address, this will be either a mobile phone with a charger, or a battery backup unit with a battery level indicator that keeps your home phone equipment running. We will show you how to use it, test it at least every 36 months, and repair or replace it free of charge if it stops working. If you turn down a suitable option we offer, your application may be treated as withdrawn, but you can apply again at any time.

4.8 At least once a year we will send this information to every home phone customer, and check with anyone registered as a vulnerable consumer that their backup still works and still suits them.

4.9 We will never refuse to supply, or withdraw, a home phone service because you are, or may be, a vulnerable consumer.

4.10 If you move, we will check your vulnerable consumer status and arrangements at your new address (see clause 11).

4.11 Complaints about anything in this clause. Contact us at [email protected] and our complaints process in clause 15 applies. The 111 Contact Code says disputes about it can be referred to an industry dispute resolution scheme. WombatNET is not a member of one. If a 111 Contact Code matter is not resolved with us, you can complain to the Commerce Commission (comcom.govt.nz), which monitors and enforces the Code, or apply to the Disputes Tribunal.

4.12 More information is on our 111 page at wombatnet.co.nz/111-contact-code.

5. INSTALLATION AND ACCESS

5.1 Before we install WombatWireless X, we check whether there is line of sight from your property to one of our sites. This may include a site visit. A survey is our best assessment on the day. It is not a guarantee of signal.

5.2 A standard installation includes mounting the dish on an existing part of the building (roof, eave or wall) that we can safely reach from a ladder at single storey height, up to 30 metres of cable, one entry point into the building, and setting up and testing one router. Anything more is non-standard work. We will quote non-standard work and get your agreement before we do it.

5.3 If we cannot get a reliable signal at your place during installation, we will tell you. Your agreement for that service then ends with no early termination fee, and we refund anything you prepaid for it. There is no failed installation fee.

5.4 If you do not own the property, you must get the owner’s consent (and body corporate consent if needed) before we install anything. This includes mounting equipment, running cables and drilling holes. We may ask to see that consent.

5.5 You agree that we, our contractors, and for WombatOptic the local fibre company, can enter your property at reasonable times, by arrangement with you, to install, maintain, repair or recover equipment.

5.6 Please tell us about anything that could affect safety on site. This includes dogs, stock, trip hazards, fragile or steep roofs, asbestos and any other risks you know about. We may stop work if a site is not safe and come back when it is.

5.7 We take care when we work on your property. If you think our work has damaged your property, tell us promptly so we can look at it and put it right. We hold public liability insurance. This clause does not limit your rights under the Consumer Guarantees Act 1993 or the time you have to make a claim under the Limitation Act 2010.

5.8 Trees and new obstructions. Keeping line of sight clear on your own land is your responsibility. If trees grow or something new is built on your land and it blocks the signal, we can realign or move the dish. We will quote this first (Schedule E). If the obstruction is not on your land, we will work with you to find a fix. If there is no practical fix, you can end your agreement for that service with no early termination fee.

6. EQUIPMENT

6.1 Equipment you have paid for separately, as its own item on your invoice, is yours. All other equipment we supply stays ours and is loaned to you. This includes equipment supplied as part of an all-inclusive installation fee, such as the outdoor radio, mount, 4G+ modem and any router.

6.2 Loaned equipment stays ours. Please do not sell it, modify it, or move it to another address. When your service ends, it needs to be returned or left for us to recover (see clauses 6.6 and 6.7).

6.3 Equipment you buy is yours once you have paid for it in full. It comes with the guarantees in the Consumer Guarantees Act 1993 and any manufacturer’s warranty.

6.4 Once equipment is installed at your premises, you are responsible for looking after it. This includes loss, theft and damage, other than fair wear and tear or damage we cause. It is worth checking your contents insurance. If loaned equipment is lost or damaged while you are responsible for it, we may charge the reasonable cost of replacing it, allowing for its age. We do not charge for equipment that simply develops a fault.

6.5 You are responsible for your own devices, the cabling inside your home, and the power supply for the equipment.

6.6 Dishes. When your service ends, we usually leave the dish and mount in place so the next owner or tenant can use them. There is no fee for this. If you want the dish removed, ask us and we will arrange to remove it at no charge. A loaned dish left in place stays ours.

6.7 Loaned equipment that is not left in place (such as a 4G+ modem or a loaned router) must be returned within 14 days of your service ending, or we will arrange to collect it at a reasonable time. If it is not returned, we may charge the unreturned equipment fee in Schedule E.

6.8 We may remotely update and manage loaned equipment and routers we manage for you. This keeps them secure and working properly.

7. USING THE SERVICE

7.1 Your service is for the service address in your plan schedule. Please do not resell it, share it with neighbouring properties, or extend it beyond your property without our written agreement. Normal use by your household, guests or staff at that address is fine.

7.2 You must not use the service, or let anyone else use it:

(a) for anything illegal;

(b) to send spam or carry out scams;

(d) in a way that degrades the service for other customers;

(e) to access, make, store or share objectionable material.

7.3 Objectionable material has the meaning in the Films, Videos, and Publications Classification Act 1993. If we become aware that the service is being used for objectionable material, we will suspend or end the service immediately and report it to the relevant authorities.

7.4 Fair use. Our plans are designed for normal residential or business use, as described in your plan schedule. If sustained heavy use is affecting other customers, we will contact you first to talk about it. If it continues, we may manage your traffic or suggest a plan that suits your use better.

7.5 Copyright. If we receive a copyright infringement notice about your connection, we will deal with it as the law requires and may pass the notice on to you. If repeated infringement continues after warnings, we may end your service under clause 10.

7.6 We may need to manage traffic on the network to keep it running well, protect it from attack, or meet legal requirements. We do not block or slow lawful content because of who provides it.

8. BILLING, LATE PAYMENT AND NON-PAYMENT

8.1 We bill monthly in advance. We send your invoice by email 14 days before it is due. Payment is due on the 1st of each month.

8.2 You can pay by bank deposit, by card through Stripe, by PayPal, or in cash in person by arrangement. Please use the reference on your invoice so we can match your payment.

8.3 Other fees. Some work is charged separately, such as after hours callouts, visits for faults caused by your own equipment, and complex configuration. Fees are listed in Schedule E. We will tell you about any fee and get your agreement in writing (email is fine) before we charge it. In an emergency where you ask us to come out, we may agree the fee by phone and confirm it by email.

8.4 Invoice queries. If you think an invoice is wrong, tell us within 30 days of the invoice date. Please pay the part you do not dispute by the due date. We will not charge a late fee or suspend your service over the part you are disputing while we look into it. If we find an error, we will correct it. Raising a query later than 30 days does not stop us correcting a real error. We will still look at it.

8.5 Late payment. If a payment is late, we will send you a reminder. If it is still unpaid 7 days after the reminder, we may charge a late fee of 15% of the overdue invoice amount. We may charge the same fee again for each further month the amount stays unpaid. The fee is worked out on the original overdue amount only, not on earlier late fees, and we do not charge it on any amount you are disputing under clause 8.4.

8.6 If you are having trouble paying, please talk to us early. We will try to work out a payment arrangement with you.

8.7 Non-payment. If an amount stays unpaid, these are the steps we take:

8.7.1 We send a payment reminder.

8.7.2 If it is still unpaid, we send a written notice that your service will be suspended. The notice gives at least 10 working days to pay or contact us.

8.7.3 If it is still unpaid after that date, we may suspend your service. A reconnection fee may apply (Schedule E).

8.7.4 If the amount is still unpaid 20 working days after suspension, we may end your agreement, charge any early termination fee that applies under clause 9.4, recover loaned equipment, and refer the debt to a collection agency or the Disputes Tribunal.

8.8 If we have to take recovery action, you agree to pay our reasonable costs of recovering the debt, including collection agency fees and Disputes Tribunal filing fees. We will tell you about this in the suspension notice.

8.9 GST. All prices, fees and charges in these terms, on our website and on your invoice include GST, unless we clearly say otherwise (for example, a business quote shown excluding GST). WombatNET is a GST-registered entity and our invoices are tax invoices.

8.10 If the GST rate changes, we will adjust our prices by the same amount from the date the change takes effect. This is a change the law requires, so clause 1.6 applies. It is not a price increase under clause 9.8 and does not give a right to leave without an ETF.

9. FIXED TERMS, CANCELLATION AND EARLY TERMINATION

9.1 Most of our plans have a fixed term, shown in your plan schedule. When the fixed term ends, your plan continues month to month on the same price and terms unless we agree otherwise.

9.2 Month to month plans. You can end a month to month plan at any time by giving us 30 days’ notice. All 4G+ plans are month to month.

9.3 Fixed term plans. You can end a fixed term plan early by giving us 30 days’ notice. An early termination fee (ETF) applies unless one of the exceptions in clause 9.5 applies.

9.4 Early termination fee. The ETF depends on the service:

(a) WombatOptic: one month’s plan charge if fewer than 12 months are left in your fixed term, or two months’ plan charge if 12 months or more are left. This matches what our fibre wholesaler charges us when a connection ends early.

(b) WombatWireless X, and any other service sold on an advertised fixed term: $149.99.

The ETF is set out in Schedule E. It is the only early termination charge. Wherever these terms mention an ETF, they mean this one.

9.4A Fibre plan changes. If you move a WombatOptic plan to a lower plan during your fixed term, a fee of one month’s charge for the new plan applies, as our wholesaler charges us the same. Moving to a higher plan is free.

9.5 No ETF applies if:

(a) you end the agreement under clause 1.5 because a change disadvantages you;

(b) you end the agreement under clause 14 because of an outage beyond our control;

(d) installation fails (clause 5.3), or there is no practical fix for an obstruction that is not on your land (clause 5.8);

(e) we have materially failed to provide the service and have not fixed it within a reasonable time after you told us;

(f) you end the agreement because we increased your price (clause 9.8).

9.6 Refunds when you leave. You pay charges up to the end of your notice period. If you have paid in advance for any period after your notice period ends, we will refund it within 10 working days. Installation, labour and delivery charges are for work already done, so we do not refund them.

9.7 Equipment refunds. If you bought equipment from us and it is less than 18 months old when your service ends, you can return it to us in good working order for a partial refund. The refund reduces in a straight line over 18 months from the purchase date, as set out in Schedule E. This is in addition to your rights under the Consumer Guarantees Act 1993 if the equipment is faulty.

9.8 Price changes. We may change our prices, including during a fixed term. Price changes apply to all customers on the affected plan. We will give you at least 30 days’ written notice of any increase. If you are on a fixed term, you can leave without an ETF under clause 1.5.

9.9 Nothing in this clause limits your rights under the Consumer Guarantees Act 1993. If we cannot provide the service because of a fault on our side that we cannot fix within a reasonable time, you can cancel without any penalty.

10. SUSPENSION AND TERMINATION

10.1 If you breach these terms, we will usually tell you in writing what the problem is and give you 10 working days to fix it. If it is not fixed in that time, we may suspend your service. If it is still not fixed after a further 10 working days, we may end your agreement.

10.2 We may suspend your service straight away, without giving you time to fix it, in the case of a serious breach. A serious breach means:

(a) illegal use of the service;

(b) activity that is harming our network or other customers, including malicious traffic (see clause 12.13);

(d) objectionable material (clause 7.3).

We will tell you as soon as practicable why we have suspended the service. We may then end your agreement if the issue is not resolved.

10.3 Non-payment is dealt with under clause 8.7.

10.4 How we expect to be treated. We are a very small team and we work in small communities. We expect to be treated with courtesy. Raising a complaint, disagreeing with us, or being frustrated is fine. Behaviour that is abusive, threatening, harassing or intimidating towards anyone working for us is not. If this happens, we will first give you a written warning. If it continues, we may limit how you contact us (for example, to email only), suspend the service, or end the agreement. We will not give a warning first if there are threats or violence.

10.5 If we end your agreement because of your breach, or for non-payment, the ETF in clause 9.4 applies. You still owe any charges that were due before the agreement ended.

10.6 You can end the agreement if we materially breach it and do not fix the breach within 10 working days of you telling us. No ETF applies.

10.7 When your agreement ends, clause 6 applies to equipment, and the parts of these terms that are meant to continue (such as payment of amounts owing, privacy and liability) continue.

11. MOVING

11.1 If you are moving, please tell us at least 10 working days before your move date. We will check whether we can provide your service at the new address.

11.2 4G+. You must tell us before you move your 4G+ equipment to a new location. We need to check that the cell site serving the new location has enough capacity. Using the equipment at an address we have not approved may not work and may breach One NZ’s requirements (Schedule B).

11.3 If we can serve your new address, your plan and fixed term carry over. We do not charge an admin fee for moving. If the new address needs a new installation or new equipment, we will quote it first. You can decide whether to go ahead.

11.4 If we cannot serve your new address, you can end your agreement with no ETF. If we can serve it but the installation there would cost you more than a standard installation, you can choose not to go ahead and end your agreement with no ETF. You pay charges up to the date your service ends.

11.5 Your dish stays at your old address for the next owner or tenant. There is no removal fee (clause 6.6). Return or bring with you any other loaned equipment as we ask.

11.6 If you have a home phone with us, tell us your new address so the right location is linked to your number for 111 calls. If you are registered as a vulnerable consumer, we will check your status and your backup arrangement at the new address (clause 4.10).

12. PRIVACY AND NETWORK SECURITY

12.1 We handle personal information under the Privacy Act 2020. We collect only what we need to provide and support your service. This includes your name, address, contact details, billing details, device identifiers, the IP addresses assigned to you, and usage information about how the network is used.

12.2 We use this information to set up, run, support and bill your service, to keep the network secure, and to meet our legal obligations.

12.3 We never sell your personal information.

12.4 We share information only where we need to. This includes upstream network providers (such as One NZ, Devoli, Chorus and other local fibre companies), our contractors, our payment providers, and government agencies where the law requires it. Anyone we share with must protect it.

12.5 We keep billing records, contracts and account information for up to 7 years, to meet tax and legal requirements. Information we no longer need is deleted within a reasonable time.

12.6 You can ask to see the personal information we hold about you, or ask us to correct it. Email [email protected]. We will respond within 20 working days.

12.7 Card payments are handled by Stripe and PayPal. We do not store full card numbers.

12.8 If a privacy breach is likely to cause serious harm, we will tell the people affected and the Privacy Commissioner as the Privacy Act 2020 requires.

12.9 We take reasonable steps to keep our network secure. We cannot control networks outside ours. We are not responsible for interception or attacks that happen beyond our network boundary or originate outside our network, unless we caused or contributed to them.

12.10 You are responsible for securing your own devices, Wi-Fi and passwords. If you think your account, router or devices have been compromised, call us on 0800 424 281 straight away.

12.11 You are responsible for activity on your account and connection. If you report unauthorised use, we will look at what happened and assess it on its merits. We will not hold you responsible for charges or activity caused by unauthorised use if you took reasonable precautions to keep your account and equipment secure.

12.12 Some services use carrier grade NAT (CGNAT). This means you share a public IP address with other customers. Most people never notice. Some things, such as hosting a server, some remote access tools and some games, need a public IP address. If you need one, contact us before you sign up and we will tell you the options.

12.13 If we detect malicious traffic coming from your connection (such as a denial of service attack, botnet activity or spam), we may suspend or restrict your connection without notice to protect the network and other customers. We will contact you as soon as practicable, help you find the cause where we can, and restore the service promptly once it is safe.

12.14 Under the Telecommunications (Interception Capability and Security) Act 2013 we must help authorised agencies with lawful interception. The law may stop us telling you about a request.

12.15 Our security approach, including how we respond to ransomware and extortion demands, is set out in our security policy at the end of this page.

13. LIABILITY

13.1 Each of us is responsible for loss the other suffers because of our own breach of these terms or our own negligence. Neither of us is responsible for loss caused by the other, or by things beyond our reasonable control (clause 14).

13.2 Neither of us is responsible for indirect or consequential loss, such as lost profits, lost business or lost data, unless the Consumer Guarantees Act 1993 gives you a right to claim it.

13.3 Caps. Apart from the exceptions in clause 13.5, each of us is liable to the other for no more than $5,000 for any one event, and no more than $10,000 in total in any 12 month period.

13.4 A claim under these terms must be made within 12 months of the person making it becoming aware of it, unless a longer time applies under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or the Limitation Act 2010 and has not been contracted out of under clause 16.

13.5 The caps in clause 13.3 do not apply to:

(a) charges you owe for the service, equipment or work we have done;

(b) loss caused by fraud;

13.6 If you are a consumer, nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Where these terms are inconsistent with those Acts, the Acts apply.

13.7 Equipment and services from upstream networks. We are not responsible for loss caused by a failure of a network we do not own or operate (such as One NZ, Chorus or another local fibre company) except to the extent we caused or contributed to it. We will pass on any credits we receive from them that relate to your service.

14. OUTAGES BEYOND OUR CONTROL

14.1 Some things are outside our control. Examples are severe weather, earthquakes, floods, fire, widespread power cuts, damage by third parties, failures of other networks, and orders from government or civil defence.

14.2 We are not in breach of these terms if one of these events stops us providing the service. We will work to restore it as quickly as we safely can. As a lifeline utility, we may prioritise sites that support emergency response (clause 3.7).

14.3 If an outage beyond our control stops your service for 7 or more days in a row, you can end your agreement with no ETF. You pay charges only up to the start of the outage.

14.4 You can ask for a credit for any outage that lasts longer than 24 hours, whether it is within our control or not. Email [email protected] or call 0800 424 281 with your account details and the dates. We will look at each request and tell you our decision. For outages beyond our control, credits are at our discretion. For outages we caused, we will credit you for the time the service was out.

15. COMPLAINTS AND DISPUTES

15.1 If something is not right, please talk to us first. Most problems are sorted quickly once we know about them. Contact us at [email protected] or on 0800 424 281. For anything about the 111 Contact Code, use [email protected].

15.2 How we handle a complaint:

15.2.1 We acknowledge your complaint within 2 working days.

15.2.2 We investigate it and aim to give you our response within 10 working days. If it is complex, we will tell you why we need more time and when to expect an answer.

15.2.3 We keep you updated while we work on it, and tell you the outcome in writing.

15.3 If you are not happy with our response, you can ask for your complaint to be reviewed by a company director. We will give you the director’s response within 10 working days.

15.4 WombatNET is not a member of an industry dispute resolution scheme. If we cannot resolve your complaint between us, you can:

(a) apply to the Disputes Tribunal (disputestribunal.govt.nz);

(b) complain to the Commerce Commission (comcom.govt.nz) about consumer law or compliance with a Commerce Commission code, including the 111 Contact Code (see clause 4.11);

15.5 Making a complaint does not stop us from recovering amounts that are not in dispute.

16. BUSINESS CUSTOMERS

16.1 This clause applies if you take the service only for business purposes, and you are in trade.

16.2 We both agree that the Consumer Guarantees Act 1993 does not apply, as allowed by section 43 of that Act.

16.3 We both agree that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, as allowed by sections 5C and 5D of that Act.

16.4 We both agree it is fair and reasonable for us to contract out of those provisions. We are both in trade, and we price the service on the basis of these terms.

16.5 Where a service is supplied to a business that also uses it partly for personal or household purposes, we treat the service as a consumer service, and clauses 16.2 to 16.4 do not apply.

17. GENERAL

17.1 Assignment. We may transfer our agreement with you to a buyer of our business or a successor, as long as your terms are the same or better. We will give you written notice. You need our written consent to transfer your agreement to someone else. We will not unreasonably refuse.

17.2 Contractors. We may use contractors to do some work for us. We remain responsible for their work under these terms.

17.3 If any part of these terms cannot be enforced, the rest still applies.

17.4 If we do not enforce a term straight away, we can still enforce it later.

17.5 New Zealand law applies to these terms. The New Zealand courts and the Disputes Tribunal can hear disputes about them.

17.6 Other information. These are published on our website and are not part of these terms: our support hours, referral policy and security policy (at the end of this page), plan offer summaries, and our 111 page.

17.7 Definitions. In these terms:

Account holder means the person named on the account who has the agreement with us.

Authorised person means someone the account holder has named who can deal with us about the account.

Consumer means a customer who takes the service for personal, domestic or household use.

ETF means the early termination fee in clause 9.4 and Schedule E.

Fixed term means the minimum term in your plan schedule.

Loaned equipment means equipment we provide that remains ours.

Plan schedule means the plan details or offer summary we give you when you sign up or change plans.

Service address means the address where we provide your service.

Vulnerable consumer has the meaning in clause 4.5 and the 111 Contact Code.

Working day means a day other than a weekend, a public holiday, or the period from 25 December to 2 January.

We, us and our mean WombatNET Limited. You and your mean the account holder.

17.8 Contact details.

WombatNET Limited (company number 7510296)

Level 1, 6 Johnsonville Road, Johnsonville, Wellington 6037

Phone: 0800 424 281

General enquiries, complaints and privacy requests: [email protected]

All 111 Contact Code matters: [email protected]

SCHEDULE A: WOMBATWIRELESS X

A1 WombatWireless X is fixed wireless broadband over WombatNET’s own network. A dish (outdoor radio) at your property links by radio to one of our sites.

A2 The service needs clear line of sight between your dish and our site. Clauses 5.1 to 5.3 cover site surveys and failed installations. Clause 5.8 covers trees and new obstructions.

A3 Speeds depend on signal quality, distance, weather, interference and how busy the network is. Your plan shows the speed the service is designed for. It is not a guarantee.

A4 Price changes for WombatWireless X apply to all customers on the affected plan, with at least 30 days’ notice and a right to leave without an ETF (clauses 1.5 and 9.8).

A5 Some WombatWireless X connections use CGNAT (clause 12.12).

A6 The dish and mount are loaned equipment unless you paid for them separately (clause 6.1). When your service ends we usually leave them in place, with no removal fee (clause 6.6).

SCHEDULE B: 4G+

B1 4G+ is a managed fixed wireless access service. We deliver it over One NZ’s mobile network under a wholesale agreement. We supply, set up and support the equipment, and we are your provider for the service.

B2 4G+ is linked to your service address. It is designed for use at that address only. You must tell us before you move the equipment so we can check cell site capacity at the new location (clause 11.2). We may need to decline a move if the cell site serving the new location does not have enough capacity.

B3 Coverage, speed and performance depend on your distance from the cell site, terrain, buildings, weather and how busy the cell site is. Performance can change if One NZ changes its network. Congestion at busy times is more likely than on fixed networks.

B4 Your plan schedule sets out any data allowance and fair use limits. Clause 7.4 also applies.

B5 One NZ may deactivate or restrict the service if it detects fraud, interference with its network, or use outside the approved location, or if it is directed to by law or a government agency. If that happens, we will tell you as soon as we can and work with you to restore the service or find an alternative.

B6 We do not own or control One NZ’s network. We are not responsible for loss caused by a failure of One NZ’s network, except to the extent we caused or contributed to it (clause 13.7). This does not limit your rights under the Consumer Guarantees Act 1993.

B7 Price changes for 4G+ are made with at least 30 days’ notice (clause 9.8).

B8 The 4G+ modem and antenna are loaned equipment unless you paid for them separately (clause 6.1), and must be returned when your service ends (clause 6.7).

B9 4G+ plans are month to month. There is no fixed term and no ETF. You can end a 4G+ plan with 30 days’ notice (clause 9.2).

SCHEDULE C: WOMBATOPTIC

C1 WombatOptic is fibre broadband we resell. We buy it through Devoli and it runs over the Chorus network or another local fibre company (LFC) network, depending on your address.

C2 The LFC owns the fibre lead in to your property and the optical network terminal (ONT) inside your home. Please do not move or tamper with them. The LFC’s end user terms also apply to its equipment and its work at your property. We will give you a copy or a link on request.

C3 Installation timing depends on the LFC. It may need to arrange a site visit, consents, or work on shared driveways or other properties. We will keep you updated, but we cannot control the LFC’s timeframes.

C4 Where the LFC needs to fix a fault on its network, we raise it with them and follow it up for you.

C5 Price changes for WombatOptic are made with at least 30 days’ notice and a right to leave without an ETF (clauses 1.5 and 9.8).

C6 Any router we supply is loaned unless you paid for it separately (clause 6.1).

SCHEDULE D: LEGACY HOME PHONE (VOIP)

D1 We provide a residential home phone service over broadband (VoIP) to a small number of existing customers. We no longer offer it to new customers.

D2 The service needs mains power and a working broadband connection. It will not work in a power cut or broadband outage unless you have backup power (clause 4).

D3 You can port your number to another provider. Your new provider starts the port. Porting your number away ends your home phone service with us.

D4 Keep your service address up to date with us. Emergency services use it to find you when you call 111 from your home phone. If you move, or use the phone equipment at a different address, tell us first.

D5 Some monitored alarms, medical alarms and other devices that use a phone line may not work with a VoIP service. Check with the supplier of the device.

D6 Clause 4 (Power cuts and calling 111) applies in full, including the vulnerable consumer process.

SCHEDULE E: FEES

E1 All fees include GST. We tell you about a fee and get your agreement before charging it, except the late fee, reconnection fee, unreturned equipment fee and ETF, which apply as described in the clauses listed. There is no fee for dish removal or for moving your service.

Fee	Amount	When it applies
Late fee	15% of the overdue invoice amount for each month it stays unpaid, not charged on earlier late fees	Only after a reminder and 7 days (clause 8.5)
After hours/urgent callout	$314.99, first hour included, $150 per hour thereafter	Callouts you ask for outside our published support hours (clause 8.3)
Customer-caused fault visit	$150 per hour, minimum one hour, plus any parts	A visit where the fault is in your equipment or on your side (clause 3.5)
Failed installation	No charge	Installation cannot get a reliable signal (clause 5.3)
Realignment	$150 per hour, quoted first	Realigning or moving a dish because of obstructions on your land (clause 5.8)
Reconnection	$25	Restoring a service suspended for non-payment or breach (clause 8.7.3)
Unreturned equipment	Reasonable replacement cost, reduced for age	Loaned equipment not returned (clause 6.7)
Early termination fee, WombatOptic	One month’s plan charge if under 12 months are left, two months’ if 12 months or more are left	Ending a fibre fixed term early (clause 9.4)
Early termination fee, WombatWireless X and other fixed term services	$149.99	Ending an advertised fixed term early (clause 9.4)
Early termination fee, 4G+	No charge	4G+ plans are month to month (clause 9.2)
WombatOptic plan downgrade during a fixed term	One month’s charge for the new plan	Moving to a lower fibre plan (clause 9.4A)
Dish removal	No charge	We usually leave the dish in place (clause 6.6)
Moving admin	No charge	Moving your service (clause 11.3)
Travel, Upper Hutt (urban and rural)	$19.99 per visit	Added to any chargeable visit (clause 8.3)
Travel, wider Wellington region	$49.99 per visit	Chargeable visits in Lower Hutt, Wainuiomata, Porirua, Wellington, Mākara and Kāpiti as far north as Waikanae
Travel, outside these areas	$1.20 per km of the round trip	Chargeable visits further afield, such as the Wairarapa or Horowhenua (based on the IRD kilometre rate)

E2 Equipment refunds (clause 9.7). If you return equipment you bought from us in good working order within 18 months of purchase, we refund the purchase price reduced in a straight line by one eighteenth for each full month since purchase. No refund applies after 18 months. For example, equipment bought for $180 and returned after 6 months is refunded $120.

E3 Non-standard installation work and any other work not listed here is quoted before we begin.

E4 Travel is only charged on visits that are themselves chargeable, such as after hours callouts, faults caused by your own equipment, realignments and non-standard work. We do not charge travel to fix faults on our network (clause 3.5).

CONTACT US

Email: [email protected]
111 Contact Code matters: [email protected]
Phone: 0800 424 281

Post:
WombatNET Limited
Level 1, 6 Johnsonville Road
Johnsonville, Wellington 6037

OTHER POLICIES

The policies below are published here for convenience. They are not part of our terms and conditions, and we may update them at any time.

Support hours

Monday	11 AM to 9 PM
Tuesday	12 PM to 12 AM
Wednesday	11 AM to 9 PM
Thursday	11 AM to 9 PM
Friday	11 AM to 9 PM
Saturday	11 AM to 5 PM
Sunday	11 AM to 5 PM

Referral policy

Refer a friend to WombatNET and you will receive a $100 account credit once they have been connected and active for 30 days. Your friend will also receive a $50 account credit after the same period.

A maximum of 12 referral credits per customer applies each calendar year. Referral credits cannot be transferred, have no cash value, and can only be applied to active WombatNET services.

Security policy: ransom and extortion demands

WombatNET does not pay ransom demands. If our systems are hit by a ransomware attack or an extortion attempt, we will not pay, whatever the threat. We will isolate the affected systems, involve the relevant authorities including the NCSC and New Zealand Police, and restore services from secure backups as quickly as we can.

If an incident affects customer data or service, we will tell affected customers as soon as it is safe to do so, in line with clause 12.8 of our terms.

Paying ransoms funds criminal operations and gives no guarantee that data will be recovered or that attacks will stop. This policy protects our customers, our network and the wider internet.