WombatNET LTD – Terms & Conditions of Service

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. Minor term changes take effect immediately unless otherwise stated. If a change significantly impacts you or your service with us, we will endeavor to notify you at minimum 30 calendar days in advance via email or SMS (if contact details are available).

2. AGREEMENT TO TERMS

These terms apply to all WombatNET customers regardless of how service was initiated.

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 from time-to-time.

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. Even when equipment appears healthy in our monitoring systems, we may not be aware of internal problems (e.g., faulty cables, local interference, poor Wi-Fi router positioning).

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 all hardware installed or stored at your premesis.

•Equipment we provide is your responsibility while in use. WombatNET reserves the right to recover costs where equipment has damaged.

•Any installation-related damage claims must be raised within 6 months of work being completed. WombatNET holds public liability insurance, but is 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, 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 at WombatNET’s sole discretion.

4.4 Safe Access

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

•Securing dogs and animals

•Removing potential trip hazards

•Alerting us to any 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 direct bank deposit, debit/credit card (Stripe, PayPal), and in-person cash.

5.2 Late Payments

We may charge late payment interest at a rate of up to 15% per annum, calculated monthly, to reflect the cost of debt recovery and administrative handling. Additional costs reasonably incurred in recovering the debt, such as collection agency fees or tribunal application costs, may also be added.

5.3 Non-Standard Fees

Other fees may apply for non-standard requests, one-off technical interventions, or discretionary account handling. Examples include after-hours call-out fees, site visits for customer-caused faults, or complex configuration work. All such fees will be communicated in writing and must be agreed to prior to being charged.

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. Where refunds are issued outside the scope of this policy, they are issued entirely at our discretion and may be subject to restocking or admin fees.

•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

Sustained excessive use 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 offenses may result in termination.

As a network operator, we comply with the Telecommunications (Interception Capability and Security) Act 2013 (TICSA). Access, generation or distribution of any objectionable material (as classified by the Chief Censor) via a WombatNET connection will result in immediate termination of service and may be referred to law enforcement.

8. PRIVACY,  SECURITY & DATA

8.1 What We Collect

We collect only the information necessary to provide and manage your service. This includes your name, address, contact details, billing information, and technical data related to your connection such as device identifiers, IP address assignment, and usage patterns. We do not collect information beyond what is reasonably required for these purposes.

We comply with the Privacy Act 2020 in all aspects of data collection, storage, and handling.

8.2 How We Use Your Data

Your information is used to provision and support your service, process billing, communicate with you about your account, and meet our legal obligations. We will never sell your personal data to third parties. We may share limited information with upstream providers, contractors, or agencies where necessary to deliver your service or fulfil a legal requirement.

8.3 Data Retention

We retain billing records, contracts, and account data for up to 7 years in accordance with our accounting and legal obligations. Non-essential data is archived and deleted within a reasonable period after your service ends.

8.4 Access and Correction

You have the right to request access to the personal information we hold about you, and to ask us to correct anything that is inaccurate or out of date. Contact us at [email protected]. We will respond within 20 working days, consistent with our obligations under the Privacy Act 2020.

8.5 Payment Processing

Card payments are processed by Stripe and PayPal. WombatNET does not store full card numbers or payment credentials. These processors operate under their own privacy and security frameworks, which we encourage you to review if relevant to you.

8.6 Data Breach Notification

If a privacy breach occurs that is likely to cause serious harm, we will notify affected customers as soon as practicable and report to the Privacy Commissioner where required by law. You may escalate any privacy concern to the Office of the Privacy Commissioner at privacy.org.nz or to the Ombudsman at ombudsman.parliament.nz.

8.7 Network Security

WombatNET takes reasonable and proportionate steps to protect the security and integrity of our network infrastructure. This includes monitoring for unusual traffic patterns, maintaining up-to-date firmware on network equipment, and applying access controls to critical systems. However, we cannot guarantee the security of data transmitted over the internet and are not liable for interception, loss, or corruption of data by third parties beyond our network boundary.

8.8 Your Responsibilities

You are responsible for the security of your own devices, local network, and WombatNET account credentials. This includes keeping your equipment’s software and firmware reasonably up to date, using appropriately strong passwords, and not sharing your account access with unauthorised parties. If you suspect your account or connection has been compromised, please call us immediately on 0800 424 281.

You are responsible for all activity on your WombatNET account. We are not liable for losses arising from unauthorised account access where reasonable precautions were not taken to protect your credentials.

8.9 Compromised Connections

If WombatNET detects or is notified that your connection is being used for malicious activity, including participation in distributed denial-of-service attacks, spam distribution, botnet activity, or other network abuse, we may suspend your service without prior notice while the matter is investigated. We will notify you as soon as practicable after suspension. Suspension under this clause does not constitute a breach of our service obligations, provided we act reasonably and restore service promptly once the issue is resolved or confirmed not to originate from your connection.

8.10 Third-Party and Upstream Threats

WombatNET is not liable for security incidents, data loss, or service disruption caused by cyberattacks, malware, ransomware, or other threats originating outside our network, including attacks on upstream transit providers, internet exchange infrastructure, or services operated by third parties.

8.11 CGNAT and Shared Addressing

Some WombatNET services use Carrier-Grade Network Address Translation (CGNAT), meaning your connection shares a public IP address with other customers. This is standard practice for wireless broadband services and does not affect normal internet use. However, certain applications that require a dedicated public IP address, such as self-hosted servers, some VPN configurations, or peer-to-peer services, may not function as expected. If this is likely to affect you, contact us before signing up to discuss your options.

8.12 Legal Interception

WombatNET complies with the Telecommunications (Interception Capability and Security) Act 2013 (TICSA). Where we are lawfully required to assist with interception or provide information to authorities, we will do so. We are not able to disclose when or whether such requests have been received.

8.12 Ransom Demands

WombatNET does not pay ransom demands. If our systems are subject to a ransomware attack or extortion attempt, we will not comply with payment demands regardless of the threat made. Instead, we will isolate affected systems, engage relevant authorities including the NCSC and New Zealand Police, and work to restore services from secure backups as quickly as possible.

If a ransomware incident affects customer data or service continuity, we will communicate with affected customers as soon as we are able to do so safely, consistent with our obligations under clause 8.6.

This policy exists to protect our customers, our infrastructure, and the broader internet ecosystem. Paying ransoms funds criminal operations and provides no guarantee of data recovery or future protection.

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

As a small provider, WombatNET is not currently required to participate in the Telecommunications Dispute Resolution Scheme (TDR). Most issues are resolved directly. If we cannot resolve your concern, you may take it to the New Zealand Disputes Tribunal. Nothing in this clause limits our right to recover debts or damages through the New Zealand courts or debt collection agencies.

10. LIMITATION OF LIABILITY

WombatNET is not liable for indirect or consequential losses (e.g., lost income or data). This does not exclude liability for negligence causing personal injury.

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

11. TERMINATION OF SERVICE

11.1 Termination by WombatNET with Fees Applicable

If we terminate your service due to a breach of these Terms or repeated non-payment, we may charge an early termination fee consistent with your original service agreement. This fee reflects the losses incurred due to early withdrawal from a fixed-term contract.

11.2 Immediate Suspension or Termination for Breach

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

11.3 Recovery Costs

We may refer unpaid invoices to a debt collection agency or file with the New Zealand Disputes Tribunal. You are responsible for all reasonable costs incurred in the recovery of outstanding amounts, including collection agency fees and any filing or legal costs.

11.4 Inappropriate Conduct

We reserve the right to suspend or terminate service to any customer whose conduct (whether online, by phone, or in person) is abusive, threatening, manipulative or otherwise undermines the safe and respectful operation of our business and team.

12. FORCE MAJEURE

We are not liable for outages caused by uncontrollable events (e.g., acts of god, mandatory regulatory directives that directly restrict service delivery, third-party upstream outages).

If service is disrupted for 7 or more consecutive days, you may be eligible for a credit or early cancellation. Credits are offered entirely at WombatNET’s discretion.

13. REFERRAL POLICY

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

A maximum of 12 referral credits per customer applies per calendar year. Referral credits are non-transferable, have no cash value, and may only be applied to active WombatNET services.

14. AMENDMENTS & LAW

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

Where material changes are made which impact you or your service, such as pricing updates, these will be communicated to you in writing at least 30 calendar days in advance of the change.

These Terms are governed by New Zealand law.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply in full force.

15. MOVING ADDRESS

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

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

16. SUPPORT HOURS

17. DEFINITIONS

•WombatNET: WombatNET Limited (Company #7510296)

•Service: Your internet connection from WombatNET

•Premises: The property where service is delivered

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

•Objectionable Content: Content declared objectionable and prohibited under NZ law 

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

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

Contact Us

By Email: [email protected]

By Phone: 0800 424 281

By Post: 

WombatNET Limited

Level 1, 6 Johnsonville Road

Johnsonville, Wellington 6037